President Uhuru cleared over August polls

President Uhuru Kenyatta Photo:Courtesy

Supreme Court judges absolved President Uhuru Kenyatta from any blame in the August 8 General Election, as they gave their reasons for annulling last month’s presidential vote results.

Although Chief Justice David Maraga, his deputy Philomena Mwilu, and justices Smokin Wanjala and Isaac Lenaola, who gave a majority judgement, ruled that the electoral commission committed irregularities to warrant nullification of Uhuru’s win, they did not find any misconduct on the part of the President.

They said the petitioner in the case, National Super Alliance’s (NASA) Raila Odinga, had failed to prove his allegations that Uhuru had violated the Electoral Offences Act in his conduct in the run-up to the polls.

“We find no fault on the part of the third respondent (Uhuru). The allegations against him raised by the petitioner were not proved. It is our finding that Mr Kenyatta did not commit any election offence as alleged,” ruled the judges.

In his petition, Raila had alleged that the President had used his Cabinet secretaries to campaign for him.

The NASA candidate also accused Uhuru of threatening and intimidating chiefs while on a campaign in Makueni County.

On the issue of Cabinet secretaries campaigning for the President, the judges ruled that they did not find Section 23 of the Public Officers Act, which exempts Cabinet secretaries from campaigning for the President, unconstitutional.

They said the mere act of canvassing for a particular election candidate did not amount to undue influence.