History was made in the Kenyan and world judicial circles on Friday when the Supreme Court of Kenya annulled President Uhuru Kenyatta’s re-election, thus setting an epic presidential election battle between Uhuru and NASA Presidential candidate Raila Odinga within 60 days.
Chief Justice David Maranga while delivering the historic ruling said the Presidential elections held on August 8, 2017 was not conducted in accordance with the constitution and applicable laws, rendering the declared results invalid, null and void.
“A declaration is hereby issued that the third respondent was not validly elected and declared as the President-elect and that the declaration is invalid, null and void.
An order is hereby issued directing the first respondent to organize and conduct a fresh presidential elections in conformity with the constitution and applicable election laws within 60 days of determination under article 143 of the constitution. Each party shall bear its own costs,” he said, adding the details of the ruling will be issued within 21 days.
Five judges including the CJ, Deputy CJ Philomena Mwilu, Smokin Wanjala, Isaac Lenaola and Mohammed Ibrahim ruled in favour of NASA with Njoki Ndung’u and Jackton Ojwang’ ruling in Uhuru’s favour.
Raila said the ruling by the CJ was a triumph for the people of Kenya, adding that their journey to Canaan was now unstoppable.
” We have no faith in the Independent, Electoral and Boundary Commission which conducted shambolic elections. What the electoral body commissioners did was criminal act and they should be prosecuted,” Raila said .
Uhuru lawyer Paul Muite said the Supreme Court has spoken right or wrong. “What remains is a fresh opportunity for the people of Kenya in exercise of their sovereign authority,” he said.
Raila’s lawyer James Orengo said he has accepted the binding decision of the highest court in the land. ” In 2013 after the presidential petition the first petitioner accepted the decision of the court. Today the petitioner has again accepted the court’s decision,” he said.
NASA co-principal Kalonzo Musyoka said the historic ruling has resurrected the integrity of the Supreme Court, adding that he was happy to be a Kenyan today.
” What we want now is to look deeply into the conduct of the IEBC. We don’t have faith in it conducting fair and credible elections,” he said.
Presidential candidate in the annulled elections, Ekuru Aukot said the ruling was a wise decision, adding that Kenya will never be the same again.
” We shall not allow Chebukati and his team to preside over the Presidential elections. We need a neutral body and probably the United Nations,” he said.
Photo: Chief Justice David Maraga