[President Uhuru Kenyatta in a past event. Nelson Havi has given grounds under which elections could be nullified. Photo/Nation]
President Uhuru Kenyatta may be thrown again in a precarious position following three Supreme Court petitions filed against his victory, says city lawyer Nelson Havi.
Ex- Kilome MP Harun Mwau is among the petitioners who want Uhuru’s victory in October repeat polls nullified on grounds that IEBC failed to conduct elections in ‘strict conformity’ with the constitution.
“The Supreme Court ruling of 2013 said that a fresh election involves two candidates and the 2017 edition added that a fresh election should be carried out,” he says in reference to IEBC‘s decision to involve eight candidates and subsequent failure to conduct nominations.
He further says: “They also included Cyrus Jirongo who was found bankrupt by the court yet that is unconstitutional.”
Also, Havi says the election was marred with ‘illegalities and irregularities’ based on Form 34As downloaded from the IEBC portal.
According to him, the inability for IEBC to conduct elections in 25 constituencies in Nyanza will also give a strong ground for nullification.
On campaigns, Havi adds that IEBC did not give candidates in the race enough time to campaign including late inclusion of some candidates into the race against the law.
He further states that the above grounds could compel Supreme Court under Chief Justice David Maraga to nullify Uhuru's victory.