The Supreme Court of Kenya (SCoK) will tomorrow (Wednesday, September 20) at 10am give its comprehensive ruling laying the basis upon which it nullified President Uhuru Kenyatta’s victory in the August 8 General Electio.
The highest court in the land on September 1 voided the Independent Electoral and Boundaries Commission (IEBC) chairman Wafula Chebukati’s declaration as the winner of the presidential contest, saying the poll was “not conducted in accordance with the Constitution”. The election had handed President Uhuru a win of 8,223,369 votes (54%) against his closest rival Raila Odinga, who got 6822812 (45%). Raila moved to court, saying the results were computer-generated.
According to the Constitution, the court had a maximum of 21 days to deliver a detailed judgment in the presidential petition.
“A detailed Judgment containing the reasons for this decision and the dissents will be issued within 21 days of this determination in conformity with Rule 23(1) of the Supreme Court (Presidential Elections) Rules, 2017 as it is otherwise impossible with the limited time the court has, to do so,” stated Maraga during the SCoK ruling on the Presidential Petition.
In the summary ruling, the SCoK, by a majority of four to two, ruled that IEBC, which was the first respondents in the petition ‘failed, neglected or refused to conduct the Presidential Election in a manner consistent with the dictates of the Constitution and inter alia the Elections Act, Chapter 7 of the Laws of Kenya.’
Raila’s lawyers led by Siaya Senator James Orengo fully satisfied Chief Justice David Maraga, Deputy Chief Justice Philemona Mwilu and Justices Smokin Wanjala and Isaac Lenaola that the IEBC committed “irregularities and illegalities” inter alia, in the transmission of results, which they promised to substantiate in the detailed report.
Lady Justice Njoki Ndung’u and Justice Jackton Ojwang’, however, rendered dissenting opinions and are expected to explain further there findings that there was no adequate evidence to nullify the re-election of President Kenyatta.
By law, IEBC is required to conduct a repeat election within 60 days after the Supreme Court ruling.
The historic court ruling has split the country with President Kenyatta expressing his anger at the ruling.
He has promised to “fix” the court if re-elected. However, Raila and his Nasa brigade hailed the court ruling.
ALSO SEE: Uhuru: This is how I felt when Maraga nullified my win
An attempt by Nyeri MP Wambugu Ngunjiri to oust Chief Justice Maraga aborted after Uhuru talked him out of a petition he had filed.
However, in separate affidavits filed Tuesday, Derrick Ngumu, executive director of Angaza Empowerment Network, is petitioning the Judicial Service Commission to probe Lady Justice Mwilu and Justice Lenaola for allegedly colluding with Nasa principals and lawyers to subvert justice in the presidential petition.
Tuesday, Jubilee supporters held demonstrations outside the Supreme Court building in Nairobi and in some parts of the country calling for the resignation of some judges purported to have collaborated with Nasa to make a ruling in their favour.
