20 September 2017

Kenya: Supreme Court to Deliver Much-Awaited Full Ruling

Photo: Jeff Angote/The Nation
President Uhuru Kenyatta with Nasa leader Raila Odinga.

Supreme Court judges will Wednesday morning read their full judgment stating reasons for the nullification of the August 8 presidential elections.

The court, by a majority of four, nullified the presidential outcome on September 1 on grounds that there were irregularities and illegalities in the transmission of results.

The Judges directed the Independent Electoral and Boundaries Commission (IEBC) to conduct fresh elections within 60 days, in accordance to Article 140 of the Constitution.

On Wednesday, security personnel have already been deployed around the Supreme Court building to ensure that the proceedings in court are not interrupted.

On Tuesday, hundreds of Jubilee Party supporters demonstrated outside the court, accusing the Judiciary of overturning the peoples will.

PROTESTS

There were also protests in Nakuru, Kikuyu, Nyeri and Eldoret.

In their September 1 ruling, Chief Justice David Maraga, agreed with Deputy Chief Justice Philomena Mwilu, Smokin Wanjala and Isaac Lenaola that there was a mess in the transmission of results. The

Judges, however, absolved President Uhuru Kenyatta from any blame.

Justices Jackton Ojwang' and Njoki Ndung'u disagreed stating that Mr Raila Odinga, the petitioner in the case, failed to prove claims that the polls were rigged in favour of President Kenyatta.

The two said the polls were free, fair and credible as described by international observers.

BAD FAITH

Justice Ndung'u said challenges are there in every election and if they occurred, they were not deliberate or in bad faith.

The seventh judge, Mohamed Ibrahim, fell sick on the second day of the hearing of the case and did not participate in the final judgment.

"A decision is hereby issued that the elections held on August 8, were not conducted in accordance with the constitution and the applicable law. The results are therefore invalid, null and void," Justice Maraga had said.

The Judges said the electoral body failed, neglected or refused to conduct the elections in the manner and dictates of the constitution.

IEBC Chairman Wafula Chebukati has set October 17 as the date for the repeat poll, although the opposition has threatened to boycott the poll if a raft of demands they have made are not met.

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