Supreme Court upholds Uhuru Kenyatta’s win, demerits petitions

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After two days of retiring to deliberate on the issues raised, The Supreme Court Judges have dismissed the petitions.
In his reading, the President of the court said they had paid attention to the specific prayers of petitioners as well as constitution in delivering their decision.



“The court has unanimously determined that the petitions are not merited,” Maraga read in his brief ruling.
In a unanimous decision, the six judges of the court dismissed the consolidated petitions challenging President Uhuru Kenyatta’s October 26 election win for lack of merit
Former Kilome MP Harun Mwau had petitioned the Supreme Court to invalidate the repeat presidential election, arguing that it did not comply with the Constitution.



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His main argument was that Mr Kenyatta was not validly and legally elected and cannot be sworn in given that he was not properly nominated to contest in the fresh polls.
Senior Counsel Ahmednasir Abdullahi, one of the President’s lawyers, had attacked the petitioners, saying 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.
But Ms Julie Soweto for the petitioners said they moved to court to protect the rule of law and the constitution. She said the electoral body breached so many procedures rendering the poll invalid.



Mr Benjamin Musyoki for Mr Mwau also urged the court invalidate the petition saying that 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.
“The petition of Harun Mwau vs IEBC is hereby dismissed…and therefore the presidential elections of 26th October is upheld,” The Chief Justice finished.

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