[Supreme Court judges in a past proceeding. Lawyer Moseti Moseti says judges are likely to take vote. Photo/Nation]
Supreme Court judges may have difficult choices to make on Friday given ‘strong’ submissions made by all parties in the presidential petition, says Moseti Moseti.
Opposition leader Raila Odinga had challenged election of Uhuru Kenyatta on grounds that he was declared without due process as set in the constitution.
And choosing from restoring the precedent set by 2013 ruling or gradually shifting away from it, is the nightmare the seven bench judges are facing.
“It is difficult because all respondents agreed that there were administrative mistakes which cannot overturn the final tally while petitioners say constitution was breached.
“This could lead to divisions within the bench and subsequently be determined by voting where the majority will carry the day. We are likely to have variations in judgement due to evidence provided,” he adds.
Should there be disagreement, to make a final determination needs at least four judges in agreement to validate whatever the outcome.
In 2013, the Supreme Court agreed that elections faced challenged but the mistakes could not warrant a cancellation.