Supreme Court Judges at a past event. The top court annulled August 8 presidential election. [Photo|the-star.co.ke]
There are 'sufficient' grounds to overturn President Uhuru Kenyatta's October 26 repeat election victory, constitutional lawyers have said.
Moi University law scholar Mutakha Kangu hinted at three reasons the Supreme Court judges could rely on to nullify the election.
Firstly, he said Uhuru's competitors were denied enough time to campaign as they were added to the race a few days to the election.
"One of the ground could be on whether there was fair play in the inclusion of other candidates and if they were given enough time to campaign," he said.
Kangu pointed out that remarks by IEBC commissioners ahead of the election could determine the direction of the petition.
"The other has to do with the issues raised by Chebukati in his two leaked memos to chief executive Ezra Chiloba and the statement he made following the resignation of Commissioner Roselyn Akombe that he could not assure the country of a credible election," he told Saturday Nation.
Lastly, the scholar also claimed there were 'a lot of illegalities and irregularities' noted in forms 34A and 34B even more than what the Supreme Court pointed out in September.
"If one attaches these issues and swears an affidavit, then any judge cannot dismiss such a case," the law professor added.
Nzamba Kitonga, the chairman of the committee of experts that drafted the 2010 Constitution, noted that the general interpretation of the Supreme Court order on the fresh election was for the IEBC to open up the process even to those who had not participated on August 8.
"Uhuru's win could be annulled on the grounds that nominations were not conducted by political parties," Kitonga told the local daily.