The Supreme Court judges [PHOTO/the-star.co.ke]
There was no reason to nullify the 2017 presidential election.
This was according to the two Supreme Court judges Njoki Ndung’u and Jackton Ojwang who wrote a dissenting verdict where they found no justification for another poll.
In their verdict, read separately, the two argued that NASA leader Raila Odinga failed to prove the results announced at constituency had issues.
They questioned how the IEBC transmission system could be the only basis for nullifying the whole election.
“It was not proved that the voters’ will during the conduct of elections, was so affected by any irregularities cited so as to place this court or the country in doubt as to what the result of the election was,” ruled Justice Njoki.
Njoki used for issues to reach her decision: whether the registration of voters had any problem; whether voters were properly identified at polling stations, and whether they were allowed to cast their ballots peacefully.
She argued that if on whether the votes cast, counted, declared and verified at polling stations were to the satisfaction of the parties, the poll should not have been nullified.
“If the answer to all these questions is in the affirmative, then the election has been conducted properly,” she ruled.