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Principale » D-day as Supreme Court issues full judgement on presidential election

D-day as Supreme Court issues full judgement on presidential election

13 Décembre 2017

The Supreme Court has given five main reasons why it upheld President Kenyatta's victory in the October 26th repeat presidential.

Two cases were filed challenging Uhuru's win in the repeat election.

Although the judges agreed that the public pronouncement by Nasa candidate Raila Odinga on his withdrawal from the race on September 10 and the letter written to the IEBC was substantive and legally effective, the move could not have led to the cancellation of the repeat poll.

Regulations 52, the court said, requires that a candidate who intends to withdraw must do so within three days of nominations by writing to the national returning officer.

On Monday, the judges ruled that the petitioners had the right to sue over the presidential election. "While being alive to the fact that the 3rd respondent has on various occasions expressed his dissatisfaction with the (September 1) judgement delivered by this court, no judge of this court was intimidated by the choice of words by the 3rd respondent", said Justice Smokin Wanjala.

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"The irregularities and illegalities must be of such a profound nature as to affect the actual result or integrity of the election for a court to nullify".

On claims of irregularities, Justice JB Ojwang said the petitioners made general allegations without proving the claims.

The court also dismissed the claim that the Jubilee Women's Brigade intimidated people by wearing military-style clothes during campaigns.

They said the withdrawal of a candidate from the presidential election is not contemplated in the Constitution and the Elections Act.

"The ultimate yardstick of determining a victor in the presidential election as provided by Article 138 (4) was in our consideration met, hence the election was free and fair".

D-day as Supreme Court issues full judgement on presidential election