Chief Justice David Maraga. [Photo/The Star]
The Independent Electoral and Boundaries Commission (IEBC) has been warned of repeating mistakes done in the August 8 presidential election.
While delivering the full verdict of the Supreme Court on the nullified presidential results, Chief Justice David Maraga said they will overturn another election if called upon to, if the IEBC fails to meet constitutional demands on how to conduct elections.
The court on September 1 nullified President Uhuru Kenyatta's victory after Raila Odinga, the National Super Alliance (Nasa) presidential candidate, filed a petition saying the president was not validly re-elected.
Four judges voted for the petition while two dismissed it.
“For as long as the constitution has the provisions granting this court the mandate to overturn a presidential election in appropriate circumstances, it will do so because the people of Kenya in the preamble to the Constitution adopted, enacted and gave unto themselves the Constitution for themselves and future generations,” CJ Maraga said on Wednesday.
Maraga has been strongly criticised by Jubilee Party leaders over the court's decision.
The Jubilee leaders, led by the president and his deputy William Ruto, claim the judiciary is colluding with the opposition to create a crisis in Kenya.
The CJ, however, says the judiciary is independent and will do all it can to defend the constitution and rule of law.
The IEBC has until end of October to conduct a fresh presidential election, according to the constitution.