Supreme Court to decide on Uhuru Kenyatta petition at 10am
What you need to know:
- Today is the last day for the judges to give their ruling as the constitution states that the court must hear and determine the petition within 14 days.
The Supreme Court will this morning deliver its much awaited judgment on the consolidate election petition challenging President Uhuru Kenyatta’s October 26 win.
In a notice, the Registrar of the Court informed the parties in the case that the six judges will give their decision at 10am.
DEADLINE
Today is the last day for the judges as the Constitution states that the court must hear and determine the petition within 14 days.
The two petitions were filed by former assistant minister Harun Mwau and another by Njonjo Mue and Khelef Khalifa.
The court consolidated the petitions and heard them for two days before retreating to write their judgments.
Senior Counsel Ahmednasir Abdullahi, one of the President’s lawyers, attacked the petitioners, saying that because they had not voted, they should not be allowed to attack the outcome of a process they were not involved in.
He said the petition is part of a bid by the petitioners, who are members of civil society groups under the banner of Kura Yangu Sauti Yangu, to attract foreign financing.
“This petition has nothing to do with public interest litigation. It is a powerful and innovative proposal for donor funding,” said Mr Abdullahi.
PETITIONS
He also argued that the petitioners do not constitute a “person” in the sense outlined in the constitution and their refusal to participate in the election meant they should not have challenged the outcome.
But Ms Julie Soweto, one of the petitioners’ lawyers, said they moved to court to protect the rule of law and the constitution.
She said the electoral commission breached many procedures, rendering the poll invalid.
Mr Benjamin Musyoki, Mr Mwau’s lawyer, also urged the court invalidate the petition, saying the commission failed to subject candidates to fresh nominations as required by law.
Mr Kamau Karori for the Independent Electoral and Boundaries Commission (IEBC) said there was no requirement for fresh nominations and the commission made all its decisions guided by the constitution and the law.
