Eyes on Supreme Court as it delivers verdict on presidential petitions

From left: Supreme Court Judges Njoki Ndung'u, Smokin wanjala, Philomena Mwilu (deputy Chief Justice), David Maraga(Chief Justice), Jackton Ojwang and Isaac Lenaola during hearing of the presidential petition (Photo: Beverlyne Musili,Standard)

The Supreme Court is today expected to deliver its ruling on two presidential election petitions challenging the October 26 re-election of President Uhuru Kenyatta.

All the eyes will be on Supreme Court judges led by Chief Justice David Maraga, who may uphold Uhuru re-election to pave way for his swearing in for the second term in office, or nullify his win and send the country back to another election.

The court nullified the August 8 election on account of illegalities and irregularities. Among the faults found by the highest court in the land is lack of proper transmission system and at the same time use of forms which did not have security features.

This time, the court will determine whether failure by the Independent Electoral and Boundaries Commission (IEBC) to conduct fresh nominations, withdrawal by National Super Alliance (NASA) presidential candidate Raila Odinga and failure by voters in 25 constituencies who could not vote due to violence, are sufficient grounds to nullify the October 26 elections.

On one hand, IEBC argues it just postponed the election in 25 constituencies while on the other hand, petitioners Khelef Khalifa and Njonjo Mue argued that the President Uhuru Kenyatta’s re-election was affected by failing to carry out the election in all constituencies.

The country’s journey to today started on August 8. Kenyans voted peacefully and thereafter IEBC declared Uhuru the winner.

President Kenyatta garnered 8.2 million votes, representing 54.2 per cent of valid votes cast, beating Raila who had 6.8 million votes.

Aggrieved, the NASA flag bearer challenged the election before the Supreme Court, saying that there were massive irregularities.

He claimed IEBC flouted the law on transmission, forms and also the declaration of the winner. It is then the court invalidated the win and directed that a repeat election be held within 60 days.

The IEBC organised a repeat election on October 17 but changed the date to October 26.

President Kenyatta and Raila were not in agreement on whether the other candidates should be included or not.

Raila was in support of all to be included but later changed the tune after the High Court, in the Thirdway Alliance flag bearer Ekuru Aukot’s case, ruled that it was unfair to lock out the other candidates.

The Opposition had already given 12 “irreducible minimums” that it wanted addressed by IEBC before taking part in the repeat polls. However Raila abandoned the race, claiming the electoral agency had not met his demands.

It is then another challenge started, stopping the election and seeking to have a caretaker government.

Separate cases were filed by activists Khelef Khalifa, Njonjo Mue and Okiya Omtatah arguing that the Election Day should be pushed for 90 days and at the same time, President Kenyatta should allow for a caretaker government.

The incumbent, for a second time, won the October 26 but the flood of legal hurdles did not go. He garnered 7.4 million votes, which was 98 per cent of the votes cast.

Khelef and Mue again went to court and asked that the court should nullify the election. Former Kilome MP Harun Mwau also filed a case for nullification.

In the case, they argued that failure by the IEBC to carry out election in the 25 constituencies was unconstitutional.

The Supreme Court ruling today will either pave way for Uhuru to be sworn in for a second term or the country goes into another election in January, next year.