BY KORIR JUMA,NAIROBI,20TH NOV 2017-The Supreme Court has upheld the re-election of president Uhuru Kenyatta dismissing the petitions challenging the October 26 repeat presidential poll.
The six judge bench found that the two separate petitions, that of Harun Mwau and that of Khelef Khalifa and Njonjo Mwau, did not show that the poll was so fundamentally flawed to warrant its nullification.
WWW.UPESINEWS.CO.KE has established that the judges decision was largely arrived at owing to various events during the filing and subsequent hearing of the same petitions.
During the hearing the petitioners lawyers had challenges in their quest to convince the court that theirs was a strong case. At one time the petitioners lawyers had challenges raising kshs 80 million to have the register of voters used during the repeat poll printed manually.
This meant that if they had relied entirely on the said register to proof their case it was going to be difficult to bring it out.The petitioners Mue and Khalifa at this point had to settle for a soft copy version .
The judges also found that the petitioner did not specify their prayers during hearing a move that meant the decision could only be made on the basis of the points argued out by their lawyers.
The petitioners wanted the repeat poll nulified on the basis that Independent electoral and boundaries commission failed to conduct fresh nominations, failure by voters in 25 constituencies to participate in the repeat election held on October 26 as well as withdrawal by National Super Alliance (NASA) flag bearer Raila Odinga from the exercise.
The court’s decision now means that the stage is set for President Kenyatt’s swearing in which should be conducted on Tuesday the 28th of November as per the constitution.