The Supreme Court. [Photo: Reuters]14:05: And Uhuru's lawyer has made a new demand after the Supreme Court gave Raila victory. The NASA side says that Chebukati will be prosecuted for bungling the election as reactions after Supreme Court nullified Uhuru's win continue.13:36: Here are some of the reactions from concerned parties in the petition.
11:52: Uhuru and IEBC lawyers agree with the ruling.
11:46: CJ Maraga: A declaration is issued that the August 8 election was not conducted in accordance with the constitution. An order to organise another election in 60 days. Each party to bear its own costs. A detailed ruling to be issued in 21 days.11:45: Justice Jackton Ojwang': Detailed dissension to be given in 21 days.11:45: Justice Jackton Ojwang': I dismiss the petition as did not stand on the pillars of the law.11:43: Justice Jackton Ojwang': No proof to justify the election nullification... and much of the evidence is largely unascertained. There is not an iota of evidence warranting the overturning the will of the people.
11:40: Justice Njoki Ndung'u: The petitioners did not satisfy the court on the breach of conduct in the election. No proof that the will of the people was subverted. No challenges occurred deliberately or by bad faith. "I respectfully disagree with the will of the majority. I will issue my dissenting views in 21 days."
11:37: Justice Njoki Ndung'u: The election was conducted as expected under the law. The results declared at the polling station were final.
11:34: CJ Maraga: The first respondent failed to conduct the election as required. The court found no evidence of irregularities on the opart of the 3rd respondent. The court was satisfied that the election was conducted in integrity.
11:31: CJ Maraga: The issues before the court were: if the election was conducted in accordance with the constitution. Whether there were irregularities of the election. What was the impact of the irregularities.
11:30: CJ Maraga: "What we have this morning is a determination of the court."
11:27: CJ Maraga: The court is expected to give the full judgment unlike in 2013. "I'm sorry we will disappoint those whop expected the full judgment."
11:23: NASA lead lawyer James Orengo introduces his team of lawyers as does Paul Muite for the respondents. The LSK and the AG Githu Muigai are appearing as friends of the court- amicus curiae.
11:21: The court is now in session but a new development with the case is that only six judges are on the bench to give the ruling. Justice Mohamed Ibrahim is not able to appear in court as he was taken ill two days ago and he is being attended to by a doctor.
11:20: If Uhuru wins, it means that he will be sworn in in two weeks. Preparations for the ceremony had been ongoing at the Kasarani Stadium after the August 9 declaration by Wafula Chebukati.
If Raila wins, it means that the country will have to vote again in 60 days as the constitution dictates.
11:10: No one without accreditation to the SCOK is allowed in. Security guards and NASA Principals' supporters have been asked to leave as they cannot be allowed in without the badge.Only the Principals are allowed into the court.
Police Commandant at SCOK: "Everybody goes back after the ruling."
11:05: Raila Odinga accompanied by KAlonzo Musyoka, Musalia Mudavadi and Mombasa Governor Hassan Joho headed to the SCOK.
10:50am: NASA MPs arrive at the Supreme Court awaiting the judgment. The petitioner’s lead counsel James Orengo already in court.
10:45am: Lawyers in the petition arriving at the supreme court
Ahmednasir Abdullahi who is appearing for the President arrives at the SCOK. Others in the case are Fred Ngatia, James Orengo, Paul Muite among others.
10:35am: Security beefed up around the Supreme Court and in possible 'hot spots'
The Supreme Court is currently under heavy guard with the ruling expected to get different reactions from both sides of political divide.
In Kisumu and other informal settlements, police have been deployed to arrest a situation that would be threatening to peace through protest.This could have been advised by the chaos that followed the declaration by IEBC Chair Wafula Chebukati that Uhuru Kenyatta won the August 8 election.
Presidential election petitions are heard and determined in accordance with Articles 136, 139 (1) (b) and 146 (2) (b) of the Constitution of Kenya, 2010.
10:20am: According to The Supreme Court Act (l/o. 7 of 2011)
The Supreme Court (Presidential Election Petition) Rules, 2017,A petition may be filed by several persons who may be joined as co-petitioners.A petition shall be signed by the petitioner or all*the petitioners if they are more than one, or by the duly authorized advocate.A petition shall be divided into paragraphs, numbered consecutively, each paragraph being confined to a distinct portion of the subject, and shall be printed or typed legibly.A petition shall briefly set out the facts and grounds relied on to sustain the relief claimed.A petitioner shall lodge, together with the petition, at least eight copies of the petition and all documents which accompany it.An Affidavit in support of the petition shall be sworn personally by the petitioner or by one of the petitioners, if more than one, and shall-(a) contain the grounds on which relief is sought, setting out the facts relied on by the petitioner or petitioners;(b) be divided into paragraphs, each of which, as nearly as may be, shall be confined to a distinct portion of the subject, and every paragraph shall be numbered consecutively; and(c) conclude with a statement setting out particulars of the relief sought.
Raila accuses Uhuru of planning to rig election
10:05am: Before the election, Raila severally claimed that it would be rigged accusing the government of using the military and other means for unjust advantage.
However, Uhuru urged the opposition to stop making the accusations as was the habit.
Addressing a crowd in Kitui, Uhuru said Raila complained he was rigged out in 2007 and 2013 and this time round, he should not.
09:30am: After Kenyans voted on August 8, Raila Odinga, who was contesting against seven other presidential candidates, went to court disputing the election outcome.
The judges hearing the petition are Njoki Ndung’u, Smokin Wanjala, Ibrahim Mohammed, Isaac Lenaola and Jackton Boma Ojwang’.Chief Justice David Maraga and his deputy Philomena Mwilu were also on the bench of the highest court in Kenya.Only the Supreme Court can hear and determine the petition on presidential election disputes by virtue of Article 163 (3) of the Constitution of Kenya.This jurisdiction of the Supreme Court is both exclusive and original. This means that no other court has the power to hear such a dispute.
The ruling is expected at 11am and it is not yet clear whether each judge will read their judgment.
For NASA, the best that could happen is the invalidation of the presidential results meaning there could be a re-election in 60 days. For Jubilee, the court upholding the election would give them the victory.
Uhuru's lawyer makes demand after Supreme Court gave Raila victory