The Future Is NOW!!!

On 2^nd April 2013, the Supreme Court resumed sitting on the Presidential Election Petition to give directions on how the case should proceed. Firstly, the Court narrowed the issues filed by the parties to two issues: (1) whether or not there were violations, irregularities, omissions and malpractices in the December 2012 presidential elections; and (2) whether or not those violations, irregularities, omissions and malpractices affected the outcome of the December 2012 presidential elections.

The narrowing of the parties’ issues in the presidential election petition is generally in line with the jurisprudence on election petitions, which make it clear that where there has been noncompliance with constitutional provisions and the law, and such noncompliance affect the outcome of the elections, the results of the said elections ought to be set aside. The Petitioners therefore bear the burden of proof to show that the Electoral Commission did not comply with the law resulting in irregularities and malpractices and that the Electoral Commission’s noncompliance with the law affected the outcome of the December 2012 presidential elections.  Read more…