Raila v IEBC (2017)

The petition was brought forward by Raila Odinga and Kalonzo Musyoka, the National Super Alliance (NASA) candidates, challenging the legitimacy of Kenya's August 8, 2017, presidential election.

They claimed that the Independent Electoral and Boundaries Commission (IEBC) and its chairperson, Wafula Chebukati, as well as Uhuru Kenyatta, the incumbent president and Jubilee Party candidate, committed irregularities during the election.

[3] The petitioners were Raila Odinga, former prime minister of Kenya and presidential candidate for the National Super Alliance (NASA), a coalition of several opposition parties that formed ahead of the 2017 general elections.

The court also held that these failures affected Article 86(a) of the Constitution, which requires elections to be simple, accurate, verifiable, secure, accountable and transparent.

The court ordered IEBC to conduct a fresh presidential election within 60 days in accordance with Article 140(3) (a) of the Constitution and applicable laws.

In 2020, NASA argued that the 48-hour timeframe to prepare a solid case placed significant pressure on its legal team and was insufficient..[13] In 2023, former Attorney General Githu Muigai told the National Dialogue Committee (NADCO) that the 14-day timeframe for determining election petitions is restrictive and poses a significant threat to national security if the case remains unresolved within the set period.

The New York Times described it as "a surprise ruling that nullified the re-election of a sitting president" and "a rare example of a judicial check on executive power,"[15] while The Guardian described it as "a watershed moment for African democracy" and "a stunning rebuke to Kenya's political establishment";[16] The Washington Post, too, lauded it as "a remarkable display of judicial independence" and "a victory for the rule of law,"[17] and The BBC, which noted that it was “the first time in Africa that a court has ruled against the electoral victory of an incumbent based on a challenge by the opposition” and “a landmark in African history”.