The turning point of Kenya’s political history and legal jurisprudence occurred with the pronouncement of the Supreme Court Ruling on Petition No. 5 of 2013. This was the first time in Kenya that the Supreme Court would be making a decision on the outcome of the elections held in Kenya on March 4, 2013 under the new Constitution. Mohammed Muigai Advocates was among the advocates involved in this case with Mr. Mohammed Nyaoga representing the I.E.B.C; the 2nd Respondent.
Among the issues for determination was on the integrity of the voters’ register vis-a-vis a ‘Special Register’ which showed different numbers of voters at different times. The Petitioners alleged that this diminished the integrity of the election process while the 2nd Respondents maintained that this register was to provide for persons whose features could not be captured by the BVR device. The Supreme Court Judges unanimously agreed and found in favour of the 2nd Respondent. To quote the Judges at paragraph 254:
“On the basis of the evidence on record, and of the merits of the submissions by counsel, we find no mystery about the “Special Register”, which was indeed used throughout the country, in diverse electoral areas. We also found no proof that the Special Register served any improper cause, in favour of any of the candidates.“
The Petition was thus dismissed.