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Principale » Uhuru wins round one of Supreme Court petition

Uhuru wins round one of Supreme Court petition

15 Novembre 2017

Two petitions have been filed at the Supreme Court seeking to annul Uhuru's win in the controversial repeat election held on Thursday, October 26.

"It will not be possible to be able to answer two petitions; one which we've already answered and the other one which can not be answered", Ngatia told the Supreme Court bench under the leadership of Chief Justice David Maraga.

"President-elect Uhuru Kenyatta through lawyers Fred Ngatia and Melissa Ng'ania asked the highest court in the land to expunge six volumes of documents which were filed a day after the deadline", reported the daily.

The court also removed from the cause list for purposes of presidential petitions, a petition by the Institute for Democratic Governance (IDEG) and ordered that it will be heard separately after the conclusion of the two petitions challenging the October vote.

The court annulled the first presidential election in August, saying there were irregularities.

The petition seeks to have a section NASA leaders among them presidential candidate Raila Odinga and his running mate Kalonzo Musyoka found guilty of election offenses for allegedly intimidating voters and stirring violence ahead of the presidential election hence disrupting the exercise in some areas.

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IDEG's lawyer, however, maintained the petition was within the jurisdiction of the court citing Article 163 (3) (a) of the Constitution which allows the court to determine disputes relating to the election of a President arising under Article 140.

"The Supreme Court shall have exclusive original jurisdiction to hear and determine disputes relating to the elections to the office of President arising under Article 140", the said Article reads in part.

Githu Muigai, the Attorney General of the Republic of Kenya, looks on before the hearing seeking to nullify the October 26 repeat presidential election on grounds that the IEBC did not conduct fresh nominations for candidates before gazetting the names and proceeding with the poll, on November 14, 2017 at the Nairobi supreme court of justice.

Mwau argues that none of the candidates on the ballot during the election he is challenging were validly nominated hence none could have been lawfully declared the victor.

If the election result is upheld, Kenyatta will be sworn in on November 28.

Uhuru wins round one of Supreme Court petition