Supreme Court verdict ‘may have little effect on other cases’
From left, Supreme Court Judges Njoki Ndung'u, Jackton Ojwang, Deputy Chief Justice Philomena Mwilu, Chief Justice David Maraga, Mohamed Ibrahim, Smokin Wanjala and Isaac Lenaola at the Supreme Court of Kenya on August 26, 2017. The historic ruling which nullified President Kenyatta's re-election may have little effect on other cases. PHOTO | JEFF ANGOTE | NATION MEDIA GROUP
What you need to know:
James Mwamu, a lawyer, said it is not easy to isolate the other results from the presidential results which were contested.
He, however, said the losers will have to try hard and explain how they were rigged out.
He said the candidates intending to file an election petition must demonstrate in court that the election was not transparent and prove the claims by evidence.
Legal experts have warned candidates planning to file election petitions not to use the Supreme Court verdict on presidential results as reference.
They said the candidates should instead ensure they support their cause with substantial evidence.
The historic ruling by the Supreme Court has split lawyers. While some advocates feel the nullification of the presidential results will open floodgates for other candidates to file petitions hoping that the Judiciary will rule in their favour, some feel there is little the ruling will add to the petitions in the lower courts.
James Mwamu, a lawyer, said it is not easy to isolate the other results from the presidential results which were contested.
DEMONSTRATE
He, however, said the losers will have to try hard and explain how they were rigged out.
He said the candidates intending to file an election petition must demonstrate in court that the election was not transparent and prove the claims by evidence.
“It is not a matter of using the presidential election petition as a precedence. Lower courts will only apply principles of the Supreme Court ruling. Cases in the lower courts will be decided on individual merits,” said the advocate.
Mr Mwamu’s sentiments were shared by another advocate Ibrahim Stanley Ogejo who said there is a general misconception that the presidential ruling will have a great impact on the cases filed by other candidates.
PARAMETERS
Mr Ogejo pointed out that the parameters are way different, saying the transmission of election results will not have the same effect to the others.
He said that the Maina Kiai case has made it difficult for the petitioners since it stresses that the results have to be announced in the constituency by the returning officer is final.
“This complicates the case for the petitioner. The Kiai’s case is way too localised,” said Mr Ogejo.
Already some candidates are elated by the Supreme Court ruling.
ENCOURAGED
Former Kisumu Governor Jack Ranguma told the Nation that he was encouraged by the Supreme Court ruling on presidential results, saying it affects the entire process and results of 2017 elections.
“I expect to see elections of governors and other leaders similarly overturned. Kisumu will certainly be one of them,” said Mr Ranguma.
Former Rarieda MP Nicholas Gumbo who unsuccessfully vied against Siaya Governor Cornel Rasanga insisted that the August 8 polls were “absolute sham.”
“IEBC simply converted a key constitutional exercise into an auction. It’s not a secret that most IEBC staff were paid to subvert the will of the people,” Mr Gumbo said.
