Justice Ojwang: Errors in presidential results not enough to nullify elections

From left is Justice Njoki Ndung'u,deputy Chief Justice Philomena Mwilu,Chief Justice David Maraga, Justice Jackton Ojwang and Justice Isaac Lenaola during Supreme court detailed Judgement day on 20 September 2017. [Edward Kiplimo,Standard]

The presidential results announced by the Independent Electoral and Boundaries Commission (IEBC) met all the required standards, a Supreme Court judge has said.

Supreme Court judge Justice Jackton Ojwang in his full ruling on Wednesday said the errors that occurred during August 8 presidential elections were not enough to nullify elections.

The Supreme Court judge said majority decision lacks validity and failed to keep to path set by law, adding that the decision was politically influenced.

He argued that IEBC and President Uhuru Kenyatta did not contravene any provision of the constitution or any other statutes in the August 8 general election.

He said that according to the Constitution of Kenya, Justice shall be served without undue regard to procedural technicalities.

According to him, NASA petition was based on conjecture and speculation, clerical errors and minor omissions.  He insisted that numerical assessment was required since it’s the foundation for any election.

In defending the nullification of the presidential election, deputy Chief Justice Philomena Mwilu said elections are not just about numbers but involves processes that must be credible.

Chief Justice David Maraga in his ruling maintained that whether it’s about numbers or laws, at the end of the day, elections must reflect the true will of the people.