The Supreme Court must uphold the Constitution and never bow to the dictates of politicians, the Attorney General, Prof Githu Muigai, said.
“Elections are not about politicians and political parties but voters. We must recognize the sovereignty of voters to exercise their will in elections,” he said.
The chief legal government advisor said the electoral law changed since the 2013 General Election when the special parliamentary committee co-chaired by Senators James Orengo and Kiraitu Murungi made radical restructuring of the regulations governing elections.
Further, the electoral system had undergone major transformation to facilitate transparency, he said.
The only major considerations for the Supreme Court while adjudicating election disputes, Prof Muigai said, was whether the election was conducted in a free and fair manner and whether the circumstances facilitated efficient and simplevoting.
“We must always respect the Constitution and only search its spirit where there is ambiguity,” he said.
