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Ask the Constitution

Can an election result be challenged in court?

Yes

Yes, within strict time limits: 7 days for a presidential election, 28 days for other elections.

Article 140 lets a person petition the Supreme Court within seven days of the presidential results being declared, and the Court must decide within 14 days. Article 87 says petitions about other elections must be filed within 28 days after the IEBC declares the results.

“A person may file a petition in the Supreme Court to challenge the election of the President-elect within seven days after the date of the declaration of the results of the presidential election.”

Article 140: Questions as to validity of presidential election

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More questions like this

NoCan I register to vote before I turn 18?No. You must be an adult citizen to register as a voter, and the Constitution defines an adult as someone aged 18 or over.NoCan I register to vote in two different places, such as home and campus?No. A qualifying citizen shall be registered at only one registration centre.YesIs my vote supposed to be secret?Yes. Every adult citizen has the right to vote by secret ballot in any election or referendum.YesCan I run for office without belonging to a political party?Yes. You can stand as an independent candidate if you have not been a member of a registered political party for at least three months before the election and enough registered voters support you.

Summaries and answers are a plain-English guide written by Iam254, not legal advice. The official text is what counts. Official text: Constitution of Kenya, 2010, Kenya Law (National Council for Law Reporting), legislation as at 3 September 2010. It has not been amended since.