Supreme Court nullifies President Uhuru's re-election

Nairobi, Kenya: The Supreme Court has nullified President Uhuru Kenyatta's re-election and ordered a fresh presidential poll; two judges dissented while four upheld Raila’s petition.

CJ David Maraga says the IEBC committed various illegalities affecting the integrity of the polls.

The six-judge bench upheld a petition filed by NASA Presidential candidate Raila Odinga and his running mate Stephen Kalonzo Musyoka on August 18, 2017. Kisumu residents celebrating after Supreme Court nullified Uhuru's win.

In a split decision, CJ Maraga, his deputy Philemena Mwilu, Judges Smokin Wanjala, Isaac Lenaola, upheld the petition on the grounds that the election had not been conducted in accordance with the Constitution. Judge Njoki Ndung’u and Jackton Ojwang’ dissented.

The next election must be held within 60 days.

NASA presidential candidate Raila Odinga celebrating with supporters after Supreme Court ruling.

Justice David Maraga said they would issue the full judgement in 21 days explaining that it was not humanly possible to write one in the few days they had to do.

The Chief justice however let dissenting judges Njoki Ndung’u and Jackton Ojwang’ to read their judgments.

Judge Mohamed Ibrahim who is hospitalised did not render his judgement.

Uhuru lawyer Ahamednassir Abdulahi called the verdict 'political' insisting that insisting that it did not reflect the will of the Kenyans who voted for Uhuru.

Murang’a Senator Irungu Kanga’ta (Jubilee) said the judgment was not good at all.

Raila Odinga’s case was that:

IEBC chairman Wafula Chebukati announced the final presidential result without 11,000forms 34A and that some of the forms were submitted were forgeries.

Election was not conducted in accordance with the Constitution and the Election Act, including having party agents to sign result forms

President Uhuru Kenyatta violated the Elections Act by threatening public officers and Cabinet secretaries to campaign for him

IEBC used ungazetted polling stations and returning officers during the elections

IEBC did not comply with the provisions of the (Technology) Regulation 10 of 2017, questioning whether the elections were fully electronic.

In a robust defence, Uhuru’s counsel submitted that: