Supreme Court justices. The seven-judge bench will on Monday give the full ruling that upheld President Uhuru Kenyatta's October 26 re-election victory. [Photo|The East African]
Kenyans will on coming Monday know get the full ruling as to why the Supreme Court upheld President Uhuru Kenyatta’s disputed October 26 re-election.
This will just be a day before NASA leader Raila Odinga's swearing-in on Tuesday. NASA dismissed the short Supreme Court judgment saying it was delivered under 'threats and duress'.
The seven-judge bench will give reasons and explain how it arrived at a unanimous decision to dismiss two petitions that sought to challenge Uhuru’s October fresh election victory.
The issues will include whether the IEBC broke the law by failing to hold fresh nominations ahead of the October 26 exercise.
The judges, the Star reports, will also explain whether the IEBC was within the law when it proceeded to declare Uhuru the duly elected President with four counties of Nyanza having failed to participate in the poll over violence.
The law allows the apex court 21 days, after the determination of a presidential petition, within which to prepare and deliver a detailed judgment. They must deliver the full judgment not later than Monday as provided for in the presidential election petition rules.
The judges have retreated to harmonise their judgment on different sections of the petition each judge was handling, according to the Star.
In a unanimous ruling, the Court upheld Uhuru’ re-election on November 20 and deferred the delivery of full judgment to a later date.
In a unanimous decision, the court found that petitioners Harun Mwau, Khelef Khalifa and Njonjo Mue failed to show the poll was so fundamentally flawed to warrant nullification.
"The court has unanimously determined that the petitions are not merited and the final orders are that the petition by Mwau versus the Independent Electoral and Boundaries Commission and two others as consolidated is hereby dismissed," said Chief Justice David Maraga.
He added: "The petition by Njonjo Mue and another versus the chairperson of the Independent Electoral and Boundaries Commission and three others as consolidated is also hereby dismissed. As a consequence, the presidential election of October 26 is hereby upheld as is the election of Uhuru Kenyatta."