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A similar situation has occurred with regards to Russia’s interference in the 2016 election, since Republican Senator Mitch Mc Connell was reportedly aware of the CIA’s conclusion and did nothing but express “doubts about the veracity of the intelligence.” These two situations are similar, but not identical.

Thereafter the Court pointed out that “clearly there are two limbs to section 83: compliance with the law on elections, and irregularities that may affect the result of the elections.” The court further noted that the most important question is whether the provision in section 83 is “interpreted ‘conjunctively’ or ‘disjunctively’.” The Court found that since the conjunction used in section 83 is “or” and not “and” the test in section 83 is disjunctive, meaning that the petitioner need not prove that the election was not held in conformity with the law and that such non-conformity affected the results of the elections but only one of two.

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There must be clear evidence of non-compliance, then, that the non-compliance has substantially affected the election.” Consequently, the first petitioner, Raila Odinga, argued that conjunctive reading of the test in section 83 is onerous and would accordingly mean that no election would ever be voided.

What set this case apart was the fact that two elected officials revealed under oath that they had been aware of the fraud but failed to enforce laws and attempted to hide the truth.


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