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Kenya's Supreme Court Nullifies President Kenyatta's Re-Election, Orders New Election

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  • Kenya's Supreme Court Nullifies President Kenyatta's Re-Election, Orders New Election

    Kenya's Supreme Court Nullifies President Kenyatta's Re-Election, Orders New Election

    The Supreme Court in Kenya has nullified the re-election of President Uhuru Kenyatta, Daily Nation reports.

    The Daily Nation, a local newspaper in Kenya, made us to know that it was a majority decision. A six-judge bench on Friday indicted the Independent Electoral and Boundaries Commission (IEBC), saying it conducted the elections contrary to the dictates of the Constitution and poll laws.

    Chief Justice David Maraga agreed together with Deputy Chief Justice Philomena Mwilu, Smokin Wanjala and Isaac Lenaola that the electoral body tampered badly the transmission of poll results, the local newspaper reports.

    “A decision is hereby issued that the elections held on August 8, were not conducted in accordance with the constitution and the applicable law. The results are therefore invalid, null and void”.

    "Elections is not an event but an process. After considering the totality of the entire evidence, we are satisfied that the elections were not conducted in accordance to the dictates of the Constitution and the applicable principles," Chief justice David Maraga said, a statement obtained by the Daily Nation.

    Judges Jackton Ojwang and Njoki Ndung'u did not agree while judge Mohammed Ibrahim, who fell ill on the second day of the case hearing, did not participate in the decision because he is still in hospital.

    Justices Ojwang’ and Ndung'u said the petitioner, National Super Alliance (Nasa) leader Raila Odinga, had not been able to prove claims that the polls were rigged in favour of Mr Kenyatta.

    The two said the polls were free, fair and credible as described by international observers.

    While Justice Ndung’u said challenges face every election and if they occurred, they were not deliberate or in bad faith.

    The top court in Kenya thought otherwise and ordered the IEBC to conduct a fresh presidential election within strict confines of the law within 60 days.

    Lawyers who represented President Kenyatta and the IEBC protested the judgment and sought explanations and clarifications from the judges.

    But Justice Maraga said, in due time, they would be able to demonstrate why they reached their decision.

    Nasa lawyers, led by James Orengo, were happy with the decision and thanked the court for agreeing with them that IEBC flouted electoral laws. In a statement made available by the Daily Nation, he said:

    “The decision is history. The first judgement in Africa that has upset a presidential election. Supreme Court has done Kenya proud and lived up to the principle and law regarding election.

    “The decision by the court means well have new presidential election within 60 days. We hope this time around, they will not make the mistake of generating elections through computers.

    “What IEBC did was treasonable because they wanted to declare the presidency against the Constitution. I don't think IEBC will preside over the election".

    The decision is a big win for Mr Odinga and his running mate Kalonzo Musyoka, who accused the IEBC of rigging the election in favour of Mr Kenyatta and had earlier rejected the results even before they were announced on August 10, accusing the commission of imposing "computer-generated leaders" on Kenyans.

    The quashing of Mr Kenyatta's victory is particularly significant to Mr Odinga because it has revived his political career. Mr Odinga, 72, had said that it would be the last time he will contest after failing to win in his previous three attempts.
    After the verdict, Mr Odinga told his supporters that their march to what he has branded "Canaan" , the famed promised land, was unstoppable.

    “This is a historic day for Kenyans and Africa. For the first time in history of democratisation in Africa, ruling made to nullify a presidential eletion,” he said, made available by The Daily Nation.

    ‘’Our journey is unstoppable. IEBC committed criminal act and belong to jail.”

    Mr Musyoka, on his part, said Friday was a historic day not just for Kenya but Africa.

    “The dignity of Supreme Court has been established. I am happy to be a Kenyan today. We will have to look deeply into the conduct of IEBC. We do not have faith that they can conduct a credible election,” he said.

    After issuing the judgment, Mr Maraga, the president of the court, urged Kenyans to maintain peace, saying an election is a process and not an event. He pleaded with lawyers to help the country in maintaining the peace, the Daily Nation concludes.