The Supreme Court of Kenya has ordered fresh presidential elections and nullified the re-election of President Uhuru Kenyatta.
“Presidential election was not conducted in accordance to the Constitution. The results are null and void,” said Chief Justice David Maraga.
Supreme Court Nullifies Election
A six-judge bench, by majority decision, made the decision on Friday saying the Independent Electoral And Boundaries Commission failed to conduct the polls according to the principals laid down in the Constitution and Elections Act.
They said the Presidential election was marred with irregularities and illegalities hence affecting the integrity of the entire presidential election.
“The 1st respondent [IEBC] failed, neglected, refused to conduct the election in the manner dictated in the constitution” read the ruling in part.
In addition to the elections’ irregularities, the court also agreed with the petitioner that the transmission of results was also marred with irregularities and illegalities.
The court, however, found no misconduct on the part of the 3rd respondent [President Kenyatta] who was alleged to have orchestrated the rigging of the elections.
Four judges ruled in favor of NASA’s petition, while two, Njoki Ndung’u and Jackton Ojwang, ruled against. The seventh member, Justice Mohammed Ibrahim did not take part in the decision because he is unwell in hospital.
Ndung’u said the election was conducted in accordance with Constitution while Ojwang’ said the petitioner did not have enough evidence.
The ruling now means that fresh elections must be held within 60 days after invalidation of the presidential poll.
This is according to Article 140 (3) of the Constitution on the question as to the validity of presidential election; “If the Supreme Court determines the election of the President to be invalid, a fresh election shall be held within 60 days after the judgment.”
Fresh elections are now expected to be conducted on the 1st of November this year.
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