Kenya Elections: Detailed Verdict by the Supreme Court

The Kenyan Supreme Court yesterday delivered the much awaited detailed verdict that lead the nullification of presidential results. The judges present took a record of 12 hours to deliver the verdict both for the majority and the dissenting views. 5 judges were present at the court room including Chief Justice David Maraga, deputy chief Justice Philomena Mwilu, Jackton Ojwang, Njoki Ndungu and Isaac Lenaola. Judge Smoking Wanjala was away during this particular court proceeding as he had travelled out of the country.
This follows the nullification of presidential elections on September 1st, after the National Super Alliance submitted a presidential petition challenging declared presidential results that declared Uhuru Kenyatta as the winner, terming massive irregularities during the August 8th general elections. Four judges rulled in favour of the petition Chief Justice David Maraga, Judge Isaac Lenaola, Judge Smoking Wanjala and Deputy Chief Justice Philomena Mwilu against two judges who opposed the petition Judge Jackton Ojwang and Justice Njoki Ndungu.
Judge Isaac Lenaola read the majority judgment summary on why the court nullified the presidential elections. The court criticized on the issue of whether the elections were conducted within the principles laid down by the court, whether there were any irregularities during the general election and the impact and what action the court should take if any. As a result IEBC have been instructed to head back to the drawing board to conduct a fresh election as the previous one wasn’t conducted in accordance with the Kenyan constitution and termed as not transparent and the results were not verified before they were declared.
On the dissenting views read by Justice Njoki Ndungu and Judge Jackton Ojwang indicated that there was no compelling reason to annul the results as the errors committed couldn’t lead to an annulment. They further added that the majority interpreted the law selectively.
This comes after independent presidential candidate Prof. Michael Wainaina on the 19th September filed an application seeking the verdict be annulled stating that the judgment cannot be viewed as that of the majority if it gets to be proved that Deputy Chief Justice Philomena Mwilu and Judge Isaac Lenaola were in contact with lawyers representing the NASA side during the hearing of the petition. This is viewed as violation of the Judicial Code of Conduct.
On the other hand IEBC C.E.O Ezra Chiloba, Chairperson Wafula Chebukati and other commissioners can now breathe a sigh of relief as there will be no criminal charges leveled against them as the court termed the failure as a systematic institutional problems and not to the IEBC officials. NASA had been at the fore front pushing for the removal of IEBC officials led by the C.E.O Ezra Chiloba. Speaking to the media after the court had delivered the full verdict Raila Odinga stated that he was glad the court ruled against Uhuru Kenyatta’s win terming it illegal and the nullification a victory to the people. He sought the support of Kenyans who support change further adding that he is still on course to lead the people of Kenya to “Canaan”.

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