President Uhuru Drags Battle on Supreme Court Ruling to Parliament

President Uhuru Drags Battle on Supreme Court Ruling to Parliament

President Uhuru Kenyatta has urged Parliament to move with speed and revise the law of precedent in relation to the presidential election nullification decision.

The President's proposal comes barely a day after Supreme Court Judge Njoki Ndungu, in her dissenting opinion, accused her colleagues judges of deliberately ignore a previous decision of the court on Section 83 of the Elections Act to favor a finding of nullity of the August 8th Presidential elections results.

In a televised news conference on Thursday, the Head of State said the Supreme Court owes Kenyans an explanation on what he termed as ‘the monstrous injustice’ that took place without due regard to evidence.

"The Supreme Court owes Kenyans an explanation on how such a monstrous injustice could have taken place," He said.

"Not only did the judgement rob the Kenyan people of their democratic right as exercised on Aug 8, but it also now has the potential to throw our country into judicial chaos,".

"The effect and precedent set in that singular judgement says that a bench can nullify the decision of millions of Kenyans without due regard to evidence. This position is diametrically opposed to the sovereign right our people have to elect leaders of their choice as enshrined in our Constitution," Uhuru said.

The President pointed fingers on Chief Justice David Maraga and his colleagues of declining to look into the voluminous forms and other evidence presented by the Commission and the lawyers.

President Kenyatta, however, maintained he shall comply with the judgment, but insisted that the will of the people had been subverted by the courts.

He reassured the government will do everything to facilitate the electoral commission in undertaking of the October 26th fresh presidential election.

Majority judges in their judgement said that they were convinced that the August 8th poll was not held within the dictates of the constitution and the law.

“We find that the 2017 presidential election was not conducted in accordance with the principles laid down in the Constitution and the written law on elections in that it was neither transparent nor verifiable. On that ground alone and on the basis of the interpretation we have given to Section 83 of the Elections Act, we have no choice but to nullify it,” the Court ruled.

Comments

Imara (not verified)     Fri, 09/22/2017 @ 11:18am

Ndugu ( a word borrowed from Tanzania which helped unite all Tanzanians. It can be applied to females as well as males) Uhuru, go easy with the judiciary. It was kind to you in 2013. I have to remind you that, this is the first time in our short history that our judiciary has worked independent of the executive interference since 1963. Please don't blame them for our incompetent IEBC which cleared more than a half of the currently elected servants of the people who should not have been cleared to run for any public office had it done its job well.

As a nation, we have to get rid of all the current members of the IEBC. Our nation does not have any shortages of competent and technologically able people to run the election come October 26.

sokora (not verified)     Fri, 09/22/2017 @ 11:56am

Call a spade a spade. The Maraga four were compromised to a decision that is political. Philemona Mwilu is considered second wife of Wako per news print today. We know Wako is a staunch supporter of NASA. Add 1 +1 and the answer is 1. Second, the other three seem to have made decisions, not based on facts, but presuppositions which points to them being compromised by NASA. Legal decisions must the fact based. Parliament needs to act and act now. We do not need judges who are mouth pieces of other people.

john Mukono (not verified)     Fri, 09/22/2017 @ 12:46pm

Mr. President I applaud and have complete support to hold everyone including Mmaraga accountable. I am aware they are protected under judicial immunity however they incriminated themselves by colluding with NASA. A thorough investigation similar to the one in the USA by Former FBI director is warranted. IF at any given point we can validate compromise, they should be prosecuted and bought to global shame. Maraga should be defender of civilian rights and justice not get into power struggles with duly elected political figures including the president. The dame the criminal four have cause will realize the death of supreme court in Kenya. It would be respectable from the four to step down as they did not take their oath of office and conducted thorough research like Ojwang and njoki. The use of technical terms not understood by common mwanachi reflects stupidity on their part. Njoki analyzed her ruling in a digestible form that would be understood on 3rd grade level. I applaud ojwang as well. they both took their work in judiciary seriously and weighing in all legal deposits unlike the criminal four who had already colluded and made up their minds. I know this is a court of public opination however I would have expected Maraga to wither admit or denounce all this accusations rather than engage in political fights with the president. Shame on YOU maraga for not defending the rights and justice of our country..

Hon Kenjuu (not verified)     Fri, 09/22/2017 @ 01:53pm

In support of her flawed decision to give election process (qualitative analysis) sole consideration over election results (quantitative analysis or recount),Lady Justice or more appropriately Sen. Wako's mistress or unofficial second wife naively argued that in a mathematical problem the procedure is much more important than the answer. But, in reality, voting is like a multiple choice test in which the voter is required to mark the candidate of his/her choice without showing the thought process of how s/he arrived at that choice. No wonder she and CJ Maraga were reading their written judgments like grade 5 pupils reading contents from a text book authored by others! FYI, CJ Maraga and DCJ, there are mathematical tests where ONLY the answer matters. Like elections, such tests are referred to as multiple choice tests in which the examiner check marks only the correct answers to determine the best student in class. Likewise, justices in the majority ruling ought to have ordered a recount of all votes to verify the number of valid votes cast for each presidential candidate, then tally valid votes for each candidate to determine the winning candidate with the most votes -- i.e. the best of the class of 2017 -- and, if the candidate with most votes also meets both national and county thresholds, be declared as duly elected president of our Republic. Very frankly, as Lady Justice Njoki and Justice Prof O'jwang both eloquently argued, the only part of election process that could have validly nullified the August 8, 2017 presidential election would have been what came before the vote left the polling station, i.e., voter registration, voter identification and actual voting -- NOT what happened after the voters had made their choice. Beside, using the same mathematical analogy, if KCPE or KCSE candidates failed to show accurate procedures for a particular mathematical problem, would the 4 learned justices nullify the entire Math exam simply because one aggrieved student filed a petition alleging that the test was set or marked to favor certain students? CJ Maraga, et.al., think before you set extremely detrimental legal precedent based solely on political considerations and prayer of one political demagogue greedy for the presidency by hook or crook!! The gang of 4 are indivually and collectively a huge embarrassment to the learned members of the legal profession.

D Mwose (not verified)     Fri, 09/22/2017 @ 05:35pm

The supreme court did not do any injustice to anybody in Kenya.Mr. Uhuru and his likes have been corrupting elections in Kenya since independence. That era of impunity is yesterday. Today you HAVE a supreme court that will hold your feet to the fire, STEEL THE NEXT ELECTION AT YOUR PERIL. WE MUST HAVE A GOVERNMENT OTHER THAN jubilee.

INSHALLA

John mukino (not verified)     Fri, 09/22/2017 @ 11:57pm

@D mwose.. compromised justices did nothing wrong? You allege corrupting elections what else could colluding supreme justices be? Kenjuu gave the best analogy. We are not there yet where we can annul results based on process.. Yiu must understand majority of citizens in Kenya have literacy level of 3 rd grade level. All they understand is ballot(kura).. it's sad for someone like you Mwose to not understand that ballot is what carries weight. Not well oiled machine process.. it's the will of the people...

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