Six issues the Supreme Court is expected to clarify in detailed judgement

All attention has now turned to the six-judge bench composed of Chief Justice Maraga, Deputy Chief Justice Philomena Mwilu, Justices Jackton Ojwang, Smokin Wanjala, Njoki Ndung’u and Isaac Lenaola.

The panel is this afternoon expected to give a detailed judgement that will explain how they decided to uphold President Uhuru Kenyatta’s win in the October 26 repeat presidential poll.

Among the topics Kenyans want to hear about are:

Reasons for upholding of Uhuru’s win

The judges will be required to give reasons as to why they dismissed the two petitions filed by Harun Mwau and Njonjo Mue together with Khelef Khalifa challenging President Uhuru Kenyatta’s win.

Julie Soweto, the petitioners’ lawyer had asked the judges to go ahead and nullify the presidential elections for the second time saying failure to do so would cause divisions in the country. She claimed that voter turnout had adversely affected the results of the October 26 repeat poll.

Legitimacy of the polls

Many have questioned the legitimacy of the October 26 repeat polls especially since Opposition leader Raila Odinga, Uhuru's main challenger boycotted the activity just days to the date. They will be required to determine whether the repeat election met the constitutional threshold of a free and fair election under Article 81 of the Constitution.

Criteria used to identify qualified candidates

The arrival at the final list candidates who took part in the repeat polls has been in question with fingers pointing to the Independent Electoral and Boundaries Commission (IEBC). The Commission had been accused of carrying out a hasty repeat poll and going against directives by the court.

Eligibility of the candidates

The Supreme Court of Kenya is expected to give their take on the eligibility of those who decided to take part in the repeat polls, since Raila Odinga pulled out citing illegalities and irregulaties. Questions have been raised at the last minute addition of Mr Cyrus Jirongo’s name at the last minute.

Implication of withdrawal of Mr. Odinga

The judges are expected to give their take on facts surrounding Mr Odinga’s last minute withdrawal from the exercise. They will determine if his move affected the repeat poll having in mind that the country has not had such a case before.

Voter turnout

One issue raised by the petitioners against Uhuru’s win was that voters from parts of the country did not turn up for the exercise. Many speculations have been passed regarding the same, and Kenyans are waiting to hear how the judges overlooked that to uphold the results.