Kenya in 2017 made history as the first-ever African country to overturn a presidential election through a court of law.
The Supreme Court of Kenya ruled that the winner declared by the Independent Electoral and Boundaries Commission (IEBC) was not validly elected and ordered a fresh election in 60 days.
At the moment, Kenya was only the fourth nation to nullify the results of a presidential election.
In Ukraine, the country’s Supreme Court annulled the results declared by the Central Electoral Commission in the 2004 general election to become the first ever to overturn a presidential outcome.
The electoral commission had declared then Prime Minister Viktor F. Yanukovich the winner in a race pitting him against Viktor A. Yushchenko who was the leader of the opposition.
The judges found fault in the election process and subsequently order a runoff.
Austria, another European country, had its presidential election nullified in 2016. The country’s apex court ruled that the presidential runoff was marred with irregularities and as such, it had to be repeated across the country.
Also on the list of countries that have overturned a presidential election is the Maldives. The Island nation in 2013 had its election annulled after it emerged that the exercise was marred by irregularities.
In 2020, Malawi became the second country in Africa to overturn a presidential election after Kenya's historic ruling in 2017. The Malawian Supreme Court annulled the results declared by the Malawi Electoral Commission (MEC)announcing incumbent President Peter Mutharika as the winner.
The declaration was contested by then opposition leader Lazarus Chakwera and subsequently, the constitutional court found that the polls were characterized by anomalies and irregularities.
Notably, the opposition candidate- Lazarus Chakwera- won the repeat election and made history as the first opposition candidate to win a repeat election after a nullification.
Kenya could still make history as the first country to overturn two successive presidential elections. Hearing and submissions for the petition filed by Azimio la Umoja One Kenya presidential candidates- among others- is currently underway at the Supreme Court ahead of the constitutional time frame of 14 days set to lapse on Monday, September 5, when the verdict will be delivered.
