More than 60 petitions challenging the recently-concluded General Election are expected to be filed this week.
Mr Hassan Noor, who came second in the race for Mandera governor, and Wiper candidate in Machakos Wavinya Ndeti are among those expected to lead the pack of the aggrieved parties in challenging the results of the August 8 elections.
In a tweet, lawyer Norman Magaya, the ODM Executive Director and Nasa secretariat head, confirmed that preparations are underway and that they have enough evidence that could overturn most elections where NASA candidates lost in what has been termed as computer generated leaders.
“We will mount election petitions in at least 62 electoral areas where winners were computer generated. We have solid evidence so far,” tweeted Magaya.
The ruling seems to have given much hope to candidates who had decided to accept and move on after losing trust with the judiciary. However, legal pundits argue that the Supreme Court ruling cannot be used as an authoritative measure to decide any case, but the aggrieved parties should gather their own evidence to argue their cases.
Jubilee’s performance in the other five elections formed part of President Uhuru’s defence at the Supreme Court.
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Jubilee has 140 MPs, followed by ODM with 61, Amani National Congress (14), Wiper Party (19), Ford-K 10) and Kanu 8. The rest were shared by smaller parties mostly affiliated to Jubilee while independent candidates scooped 13 seats.
In the Senate, Jubilee bagged 27 out of 47. The party also scooped a majority of nominated seats in both the National Assembly and Senate.
Jubilee further captured 25 governor positions compared to ODM’s 13. Ford Kenya and Wiper got two governors each while two winners were independent candidates.
Kanu, Maendeleo Chap Chap and Narc each have one governor each.
Jubilee also won majority of County Assembly seats. Consequently, Uhuru lawyers produced a map indicating how Jubilee whitewashed the Opposition as they made their case that his victory was not computer-generated as argued by Raila.
The ruling that overturned his win made Kenya the fourth country in the world and the first in Africa to nullify a a presidential election.
The first was the Maldives, a South Asian island nation in the Indian Ocean of less than 500,000 inhabitants had its presidential election nullified when four judges of a seven-member Supreme Court ruled that the election of September 7, 2013, was too tainted to determine the winner.
Like in the Kenyan case, international observers had given the election in the Maldives a clean bill of health. Fresh elections were held where incumbent Mohamed Waheed Hassan came fourth. The winner Abdulla Yameen’s share of the vote rose from 30% in the first round to 50%.
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Then came Ukraine in 2004 where Victor Yushchenko was declared winner, but Yanukovych went to Court. After repeat election,Yushchenko still won by 52%.
In July 2016, Austria’s highest court annulled the election of President Alexander Van der Bellen of the Greens Party who had beaten his challenger, Norbert Hofer of the Freedom Party by 30,863 votes, a mere one per cent. President Bellen eventually won the fresh election beating the petitioner with a clear margin, garnering 53.8% of the total vote.
