Supreme court to rule on Kenya Presidential petition on Friday

By David Indeje / August 30, 2017 | 1:00 pm



Court of Appeal

Kenya’s Supreme Court Judges will make a ruling on the disputed Kenya’s presidential Election petition on Friday after it concluded its hearing on Tuesday.

The seven-member Bench: Chief Justice David Maraga, Deputy Chief Justice Philomena Mwilu and Justices Jackton Ojwang, Mohamed Ibrahim, Njoki Ndung’u, Smokin Wanjala and Isaac Lenaola.

The judges will analyse the submissions by the petitioner, evidence adduced and submissions from both parties in making their final determination.

On Tuesday, the National Super Alliance (NASA) lawyers representing Raila Amolo Odinga and  Stephen Kalonzo Musyoka (Petitioners) want the Court to invalidate the August presidential election based on the audit report filed by the Chief registrar which indicated multiple errors in form 34B in 90 constituencies.

Read: 

The Audit report was filed by the Chief Registrar of the Judiciary Anne Amadi.

Lawyer James Orengo who requested the court to examine both forms 34A and 34B, claimed that they have variances that affect about 5 million votes.

According to Orengo in his final submissions, “The reports presented prove beyond reasonable doubt that the elections were shambolic.”

“Most irregularities affected more than 5 million votes,” he added.

Orengo referred to two audit reports saying they vindicated their claim that the IEBC fraudulently procured statutory forms to justify President Uhuru Kenyatta’s win.

“The two reports you accepted are two smoking guns.I was adding two more [by NASA] but I will pull these. We rely on these ‘official’ two,” Orengo said.

However, the Independent Electoral and Boundaries Commission through its lead counsel Paul Muite dismissed NASA claims noting that there was no security features requirement for form 34A and 34B. According to Muite, the presidential petition should be dismissed.

The seven bench judges are expected to make a ruling on presidential elections petition on the 1st of September.

The Attorney General Professor Githu Muigai and the Law society of Kenya lawyers differed on the law guiding resolution of the Presidential Election.

Muigai told the judges to consider election laws while making their decision on the Presidential election before the Supreme Court. He said that Articles 81 and 86 of the Constitution should be read together with the law Parliament made under Section 83 to determine credibility of the election.

However, the LSK counsels Stephen Mwenesi and Omwanza Ombati told the Court that section 83 cannot be relied on in the case before the Apex court because it does not mention Presidential disputes.

In the petition, Attorney General Githu Muigai and the Law Society of Kenya appeared as friends of the court but their advisory roles was restricted to the Elections Act and the interpretation of the recent Court of Appeal decision that confirmed that results from polling stations are final.

The court allowed two presidential candidates Michael Mwaura Wainaina and Ekuru Aukot to participate in the hearing of the petition as interested parties.

In the event the Supreme Court upholds the election of President Uhuru Kenyatta, he will be sworn in seven days after the ruling, which will be September 7.
But if the election is nullified, Kenyans will have to go back to elections in 90 days.





About David Indeje

David Indeje is a writer and editor, with interests on how technology is changing journalism, government, Health, and Gender Development stories are his passion. Follow on Twitter @David_IndejeDavid can be reached on: (020) 528 0222 / Email: info@sokodirectory.com

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