Supreme Court Nullifies President Uhuru’s Election, Orders Fresh Vote in 60 Days

Supreme Court Nullifies President Uhuru’s Election, Orders Fresh Vote in 60 Days

The Supreme Court has annulled the re-election of President Uhuru Kenyatta and ordered a fresh election be held within 60 days.

The Supreme Court ruled that the Independent Electoral and Boundaries Commission did not conduct the August 8th general election in accordance to the law thus putting into question the integrity of the entire poll.

In the ruling delivered on Friday morning, the court determined that the Independent Electoral and Boundaries Commission (IEBC) failed, neglected and refused to carry out the election in the manner dictated in the Constitution.

The Supreme Court also found out that there were irregularities in the transmission of election results.

Four judges including Chief Justice David Maraga, his deputy Philomena Mwilu, Isaac Lenaola and Smokin Wanjala ruled in favor of the petitioner.

"Elections is not an event but an process. After considering the totality of the entire evidence, we are satisfied that the elections were not conducted in accordance to the dictates of the Constitution and the applicable principles," Chief justice David Maraga said.

"That President Uhuru Kenyatta was not validly elected on August 8.".

Justices Jackton Ojwang and Njoki Ndung’u, however, dissented with the ruling and did not find serious grounds to nullify the election.

The verdict was delivered in the absence of Justice Mohammed Ibrahim who was taken ill on Tuesday.

The IEBC now has to organize a fresh election within 60 days, that is by November 1st.

Comments

KIM (not verified)     Fri, 09/01/2017 @ 05:40am

This was a bad decision.It is really the height of immorality for the judges to take the Kenyan Public through another election.It is very critical for the center to hold for the sake of peace and stability in Kenya.That said.Jubilee still has the majority votes.Those that voted for Jubilee will vote for Jubilee again.NASA is not going to win.Jubilee will win again.

GG (not verified)     Fri, 09/01/2017 @ 10:15am

In reply to by KIM (not verified)

@ KIM, " bad decision"? This is supreme Court, they have to rule based on evidence. Kenyan people are peaceful and are ready to vote again; majority of Kenyans are moral people and they do not want the elections to be tainted. Tukutane kwa ndebe in 60 days and may the best candidate win clean and square! Integrity and justice.

Truth will win… (not verified)     Fri, 09/01/2017 @ 05:43am

Fact is that the judges did not demonstrate from begining on seriousness of petition...very few few questions were asked despite heaps of paperwork they were provided....

No votes were stolen but clerical errors were pointed out....that in no way could have affected outcome...

One thing (not verified)     Fri, 09/01/2017 @ 05:47am

One thing is clear....since UK will triumph on Nov 1 re-run the 4 or 5 supreme court judges will be shown door by appointing tribunal.....for making political rulings......

Mtalii (not verified)     Fri, 09/01/2017 @ 08:51am

In reply to by One thing (not verified)

@One thing - two things are clear. Whether Uhuru wins in November is not the point at this time. The point is whether the election was conducted in a fair manner. The second is to congratulate the court.What the court did today is a show that, Kenyans have come of age. Remember 10-20 years ago you would be dead for writing your comment here about a president? Now you can raise your point without dying for it.This is the path that will allow Kenya to catch with countries like South Korea. South Korea was at the same level economically and politically as Kenya but we were left behind because of seeing things from ukabila prism. Let the better president be elected in Nov, whether it is Uhuru, Raila or even Kaluyu.

Maxiley (not verified)     Fri, 09/01/2017 @ 09:09am

In reply to by Mtalii (not verified)

Well said Mtalii. We are truly enjoying freedom of speech. Same cannot be said of our neighbour in the north, ethiopia.We can do alot of wonders if we could come together as kenyans and combat tribalism,and its cousin corruption.

Jokerjudges (not verified)     Fri, 09/01/2017 @ 05:50am

Stupid African judges give ruling without even giving justification....here in western world judges will have to read/give reasons to cause annulment of elections...

FAKEDEMOCRACY (not verified)     Fri, 09/01/2017 @ 05:56am

This ruling is undemocratic since it denied voters their rights of decision.
Apart from few results from 40000plus stations that had clerical errors...all others were fine......and thus no reason to go back to ballot again...

Mtalii (not verified)     Fri, 09/01/2017 @ 09:02am

In reply to by FAKEDEMOCRACY (not verified)

...and you don't think clerical errors is a problem? Did you say 40,000 + stations?say each had a 50 clerical errors, that translates to 40,000X50 = 2,000,000 votes and that means nothing to you?

Courage (not verified)     Fri, 09/01/2017 @ 05:58am

Numbers do not lie but
Politics do.

In 60 days, the numbers will speak again.
But will the loser accept?

The war is political and ideological but the will of Kenyans will prevail.

Courage (not verified)     Fri, 09/01/2017 @ 02:52pm

In reply to by Courage (not verified)

Time will tell. In a nation where intellectual dishonesty, religiousity and tribalism have deep roots, it becomes hard to believe many things.

What if NASA corrupted IEBC officials who were their supporters to mess with the process yet the nullification has such far reaching implications on the nation. Yet, the ruling is what some segments of society call democracy.

The next issue is that IEBC reconstituted -how is this possible? And will new electrolyte rules be enforced even before the commission has had time to understand it?

All stakeholders need develop a love for our motherland to build it not destroy as is the responsibility of all citizens.

Ariwoh philip (not verified)     Fri, 09/01/2017 @ 06:00am

Tumechoka na ouru.infact i thought Maraga could sell ,am soo perplexed,flabbergested and actually extreamlly happy a bout da result,thankz be 2 GOD

4judges overtu… (not verified)     Fri, 09/01/2017 @ 06:01am

I think the judges are of nyayo era and as much some pretend to be religious they are not best to handle case like this.
Some like short lady judge seems has attitude and stoneface during trial and while asking questions...
Fact is that it was kangaroo kangaroo court....and time will tell..

Koti will not … (not verified)     Fri, 09/01/2017 @ 06:07am

It is voters that will cast vote again on Nov 1 and judges must be very carefull to allow another petition without prove and dwell on petty errors that will not have changed outcome....like this election.

Reedem means naswa (not verified)     Fri, 09/01/2017 @ 06:11am

Now court has redeemed itself like naswa wanted ..to rule in their favour yet no votes were stolen....ukweli ni Jizee will be shown vumbi again in 60days time.....

KIM (not verified)     Fri, 09/01/2017 @ 06:22am

I have officially lost respect for the Kenyan supreme court.Because they are playing legal shenanigan games with the peace of the country and the lives of many Kenyans.Now NASA is saying that they do not want the current IEBC as constituted.So that means that they want a new set of commissioners.How is that even going to work?I think that the Jubilee Party should now more than ever be even more determined to keep and maintain the Peace and Stability of the country.It is very wrong what David Maraga has done today.It takes the efforts of millions of People to conduct a peaceful election and to have the country to get to a place that people have are getting back to their lives.Now the supreme court is taking the country back to an election.Knowing very well that the margin of victory was very significant.What a shame.Also should the next elections not be 100% perfect which I suspect that they will not be, because no human endeavors of this magnitude ever are perfect; will he again order for a rerun.This in my opinion is an immoral ruling.Any way the Jubilee Party should roll its sleeves and ensure that Raila never becomes the president of Kenya. UHURUTO for Peace and Stability in Kenya.

Sukari (not verified)     Fri, 09/01/2017 @ 06:29am

I beg your pardon?! Raila really did pull the rag under our feet! He must have known something, what with all about living for another day! Something's up!

Supreme kitu ngani (not verified)     Fri, 09/01/2017 @ 06:52am

I do not think matters for 15m voters shud be decided by 7 persons majority that are of nyayo era corrupt court....

Something shud be done...

Nairobi (not verified)     Fri, 09/01/2017 @ 07:01am

Looks like the Supreme Court is working for Raila not the Country. It's ridiculous to put the country thru this again to satisfy this leviathan called Raila, this is definitely a luo court, no wisdom at all.

trulykenyan (not verified)     Fri, 09/01/2017 @ 07:31am

This was case that was predetermined from start going by how the four judges took things casually.
The sick one shud produce medical certificate from inddpedent doctors to prove he could not disharge his duties....
U will tell by sentiments of opposition one day b4 annulment...

Clueless4judges (not verified)     Fri, 09/01/2017 @ 07:45am

Even if elections are repeated 10times Uhuruto will win.
These 4 judges that voted for annulment are clueless kenyans and will have to pay for it in near future...

clueless4judge… (not verified)     Fri, 09/01/2017 @ 07:49am

Blacks will forever be laughing stock all world over....now kenya will use 45billion for re-run instead of using that kind of pesa to uplift living conditions of kenyans..
Judges errored and will pay for it someday...

4judges will b… (not verified)     Fri, 09/01/2017 @ 08:05am

Hope the judges know the weighty of matter and thus know if found by many to the contrary them will be in hot soup in future.
Lets monitor them and their families accounts ..lifestyle....

soldieron (not verified)     Fri, 09/01/2017 @ 08:42am

There will be another petition no matter the outcome. Reason? We will kick out the current IEBC and a new one will have far more errors than what was used for current judgement. The precedent set means we shall be able to use any fickle reason to contest elections! amazing.

Sukari (not verified)     Fri, 09/01/2017 @ 08:44am

Nani, kweli asiyekubali kushindwa sio mshindani. I said so myself, lakini this was a review of the electrol process, not a race. As a public, the judges should at least provide us with the evidence leading to the ruling. How are the parties meant to rectify their mistakes if they don't know what they did in the first place? The way Raila spoke before this annoncement was made indicated he knew the results and their was a mole within. How can one switch from calling for a divided Kenya to there is always another day? C'mon, stinks of corruption. All of them, including Uhuru should be removed from power to give fresh faced people to transform Kenya. They are all having a laugh at our expense, whilst to them, it is about carrying on their forefather's legacies. Fed up!

D Mwose (not verified)     Fri, 09/01/2017 @ 10:33am

Nimesoma maoni yenu na nikayafahamu yote. Haya basi mahamuzi yangu ni Tuendelee na plab B! Farakano ndio DAWA. PEOPLES' REPUBLIC OF KENYA.

Godhavemercy (not verified)     Fri, 09/01/2017 @ 12:21pm

This supreme Court need to make an appointment for a total mental illness evaluation first thing on Monday morning. The guy had no case. Thousands of poll watchers from all over the world can not be wrong. Irregularities are always there but not enough to nullify the whole presidential election. This is making the country ungovernable no matter who wins in sixty days. The most incompetent bunch of judges in the world. Surely, this is like a bad dream.

MuchAdoBoutCaca (not verified)     Fri, 09/01/2017 @ 02:45pm

After reading the above comments, there's no difference btwn NASA and Jubilee supporters. Both sides will cry foul if the other side wins. Does it really matter who wins in Nov? One thing we all can agree on is that MP's will demand and vote for a pay increase and corruption and tribalism will still be rampant regardless of which party wins.

Anonymous (not verified)     Fri, 09/01/2017 @ 03:33pm

There is nothing wrong with the Supreme court. Some of you just cannot stomach that Jubilee did not win .The judges will provide the reasons for their ruling in 21 days and even then you will insist that they were crazy.The look on UK face after the decision is priceless and Ruto looked like a small boy caught doing something wrong.Yes it has happened. Kenya will no longer be ruled by two tribes.There is peace in Kenya today if anything the papers reported the policemen had nothing to do as there was no looting or violence.It is a new dawn for Kenya and a good day for justice which today was our shield and defender.Ati you must have UK for peace to prevail really stop this myth.Watu wa central and rift valley it is time to lie low like envelopes.The chickens you generated through the computer have come home to roost.

formerlyguest2 (not verified)     Fri, 09/01/2017 @ 04:03pm

In reply to by Anonymous (not verified)

Enjoy your so called win as it is limited. We accepted the ruling and didn't go hurling stones or burning our households. We are lying low as you said but wait till Nov 1st .I'm sure you are aware of the saying do not count your chicks before they are hatched. As we speak, the central and riftvalley wako shamba doing the needful not wasting time with premature victories...

formerlyguest2 (not verified)     Fri, 09/01/2017 @ 03:42pm

Numbers do not lie, tukutane tena Nov 1st , and may the loser accept this time once and for all. What a waste of resources for a poor country. Ugh some people lose the sight of the big picture lakini ni sawa, tutarudi and this time 70%+1! Watch this space

anonymous (not verified)     Fri, 09/01/2017 @ 07:17pm

Today, I am proud to be a Kenyan and also an African. Ndugu Maraga, thank you very much for your stand today. Yo have made history. Your name is famous and better known more than the crooked Kenyan attorney general. You have done what a few Kenyans have done in order to make Kenya known throughout the world! Your name joins the ranks of many famous Kenyans such as Kipchoge keino, Nyandika Maiyoro, Dedan Kimathi, Kamau wa Ngengi, Barack Obama, Joseph Odhiambo Thomas Mboya, Oginga Odinga, and many more Kenyans who have unselfishly stood tall in order to make the name of Kenya known all over the world! Asanteni sana mabingwa washupavu wa nchi tukufu ya Kenya.

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