BY NAMULONGO PETER,NAIROBI,1ST SEPT 2017-The presidential elections nullified. Detailed Judgement to be issued in 21 days.Supreme court rules that elections were not conducted in accordance to the law.
In the ruling delivered by Chief Justice David Maraga, the judges by majority observed that there is sufficient evidence to show that the Independent Electoral and Boundaries Commission did not adhere to the law in conducting the election.
Two judges, Jackton Ojwang and Njoki Ndung’u, have however dissented with the majority ruling, saying they saw no need to cancel the election.
Lawyers who represented President Kenyatta and the IEBC protested the judgment and sought explanations and clarifications from the judges.
Lawyer Ahmednasir Abdullahi, for Mr Kenyatta, faulted the court, saying it had made a political decision because no one is disputing that the voter made his decision.
According to him, Lady Justice Ndung’u upheld the wishes of Kenyans.
But Justice Maraga said, in due time, they would be able to demonstrate why they reached their decision.
Nasa lawyers, led by James Orengo, were happy with the decision and thanked the court for agreeing with them that IEBC flouted electoral laws.
“The decision is history. The first judgement in Africa that has upset a presidential election. Supreme Court has done Kenya proud and lived up to the principle and law regarding election,” he said.
“The decision by the court means well have new presidential election within 60 days. We hope this time around, they will not make the mistake of generating elections through computers.”
“What IEBC did was treasonable because they wanted to declare the presidency against the Constitution. I don’t think IEBC will preside over the election.
The decision has is a big win for Mr Odinga and his running mate Kalonzo Musyoka, who accused the IEBC of rigging the election in favour of Mr Kenyatta.
The two rejected the results even before they were announced on August 10, accusing the commission of imposing “computer-generated leaders” on Kenyans.
The decision by the supreme court is a big victory for Mr Odinga who has always raised issues with the manner in which the August8 poll was conducted.