The Supreme Court of Kenya on Friday nullified the re-election of Uhuru Kenyatta as president of Kenya upholding the petitions of his closest challenger Raila Odinga and ordered a new vote in 60 days. The Court by majority -Chief Justice David Maraga, deputy Philomena Mwilu, Judges Smokin Wanjala, and Isaac Lenaola ruled that the August Presidential elections contained “irregularities and illegalities”. “The declaration of Kenyatta’s win is invalid, null and void,” ruled Chief Justice David Maraga. However, “The First Respondent – Independent Electoral and Boundaries Commission (IEBC) failed, neglected or refused to conduct the Presidential election in a manner consistent with the dictates of the constitution and Elections Act.”
In the ruling, Justice Jackton Ojwang’ and Njoki Ndung’u dissented against the majority decision. Ndung’u said the election was conducted in accordance with constitution, while Ojwang’ said the petitioner did not have enough evidence. “It is worth noting that NASA did not challenge results of polling stations. In any election, there must be challenges and there were challenges but none of them occurred deliberately and in bad faith,” she said. “I respectfully disagree with the opinion of the majority. Expect my full judgement within 21 days,” said Justice Ndung’u. According to Ojwang, “Only general attributions of impropriety have been made.” “I would dismiss the entire petition as it was devoid of the requisite requirements. There is no iota of evidence to invalidate the will of the Kenyan people.” IEBC had declared Uhuru, the Jubilee candidate winner of the presidential vote after he garnered 8,203,290 (54.27 per cent) votes against Mr Raila’s 6,762, 224 (44.74 per cent).
Reacting to the ruling NASA flag bearer Raila Odinga said it’s a historic day for Kenya saying the ruling sets a precedent in Africa. “This is a very historic day not just for Kenya, but for Africa as a whole.” “For the first time in history of African democratisation a ruling has been made by a court nullifying irregular elections for the president. I want to thank the judges for doing this for posterity of people of Kenya,” he said. He however, said the opposition has no faith in IEBC which is expected to organize a fresh Presidential election. “We have no faith in the electoral commission as currently constituted,” Raila said.
“They have committed criminal acts. Most of them actually belong in jail and therefore we are going to ask prosecution for all the electoral commission officials who have committed this monstrous crime against the people of Kenya.” Wiper leader Kalonzo Musyoka, who is a NASA co-principal said he was happy, but noted that the IEBC must be punished. “I am happy to be a Kenyan today. We will have to look deeply into the conduct of IEBC. We do not have faith that they are capable of conducting a free and fair elections,” he said. Siaya senator James Orengo said IEBC should not participate in the polls adding that, “impunity must be punished not again in Kenya.”
On the other hand, Ahmednassir Abdulahi, uhuru’s lawyer told the court that, “My lord it’s obvious, and I’m not afraid to say, that this is a very political decision you have made this morning but we will live with the consequences.”
Uhuru – I disagree with it
Uhuru Kenyatta addressing the nation from State House, Nairobi said he ‘disagreed with the Supreme Court ruling.’
“I personally disagree with the Supreme Court’s ruling. I disagree with it, but respect it,” said Uhuru. “The Court has made its decision, but I respect. The fault is not yours (voters),” he added.
Uhuru used his address to the nation to call for peace and respect of the law as his party prepares to go back to the campaign trail.
