Supreme Court to Determine Fate of Repeat Election on Wednesday As CJ Maraga Certifies Case as Urgent

Supreme Court to Determine Fate of Repeat Election on Wednesday As CJ Maraga Certifies Case as Urgent

The Supreme Court will on Wednesday hear and determine a case in which three voters are seeking to have Thursday’s repeat presidential election postponed.

This comes after Chief Justice David Maraga admitted the petition and certified it as urgent.

“The matter is to be heard at 10am tomorrow notwithstanding that it may be a public holiday,” directions issued by CJ Maraga said.

The CJ ordered the three petitioners to make their written submissions by 6pm on Tuesday.

Maraga also directed Independent Electoral and Boundaries Commission (IEBC) Chairman Wafula Chebukati, IEBC and presidential candidates, who are respondents in the case to make their submissions by Wednesday at 8:40am.

The petition was lodged by lawyer Harun Ndubi on behalf of the petitioners Samuel Mohochi, Gacheke Gachohi and Khelef Khalifa who argue that "there is an imminent risk that the country may be plunged into a further constitutional and general crisis’ should the IEBC proceed to conduct the election on Thursday,".

The trio further argue that calling off the Thursday’s election would save the Kenyan taxpayers from "monetary loss running into billions of shillings because the election result may be subject to judicial contest for failing to satisfy the minimum legal and constitutional threshold."

They also cite recent revelations by IEBC Chairperson Wafula Chebukati and former Commissioner Roselyn Akombe that the commission could not guarantee a credible election.

Comments

formerlyguest 2 (not verified)     Tue, 10/24/2017 @ 02:42pm

Let me predict - No elections on Thursday and as we speaks Commonwealth has pulled out its observrs citing insecurity. God bless Kenya because now we know the full coup is underway!

Maxiley (not verified)     Tue, 10/24/2017 @ 04:01pm

In reply to by formerlyguest 2 (not verified)

I have been a supporter for cancellation,but I have changed my mind,and I believe that the elections will go on this Thursday.Just too close to cancel when all operators are in place.All I can hope is that the elections will go on with minimum interruptions,and should the results be disputed again,Maraga will be up for the task.

GG (not verified)     Tue, 10/24/2017 @ 04:12pm

In reply to by formerlyguest 2 (not verified)

We have to put our unilateral/tribal partisanship and politics aside and do what is best for out country. It's prudent to denote the fact that Thursday's elections would solve Kenya's political/tribal crisis, instead what is falsely anticipated to be a mere, "western vs Kikuyu" problem will turn into an entire country's mayhem and lives will be lost. Let's not forget how 2007-2008 post elections violence and unsolved cold blooded murders started. The victims are still languishing in poverty and justice will NEVER come.

formerlyguest 2 (not verified)     Tue, 10/24/2017 @ 04:30pm

In reply to by GG (not verified)

And what is the best for our country? Do you think any election will truly and absolutely solve the tribal politics in Kenya? You talk of this as if the politics in these western countries are different. It only took DT to use certain inflamming words and do incite a base , the only difference is constitution and laws that govern elections in US are not changed to suit individuals and leaders there perhaps love their country more and respect the law .

Whatever the ruling is tomorrow, either side will feel short changed and we all know how that will play. It is safe to say that even when we come here and politik and take sides, we all love Kenya deeply and I have faith that Kenyan people in the end will not go 07/08 route , I still like Guest1 Imara DEF etc even when we argue here about politics. All these comments here shows how deeply we care for our country even with differing point of views. No one here not even once has come here and advocated for violence . The point of contention in the end is about Uhuru and Raila

Guest1 (not verified)     Wed, 10/25/2017 @ 01:23am

In reply to by formerlyguest 2 (not verified)

formerlyguest 2. It's a Good Thing to REASON together. It BRINGS ideas together; and BUILDS our Nation as ONE. In other words at the End of the Day: It's TEAMWORK with a TWIST (between REALISTS and IDEOLOGISTS at Odds; Healthy Odds). After All when Emotions Run High, it is called EMOTIVE Therapy (Therapy without which Some of Us Can Explode).

sokora (not verified)     Tue, 10/24/2017 @ 02:48pm

Maraga, you must not cancel this election. Let sanity and your Christianity guide your conscience. NASA as we know it is an outfit ready to plunge Kenya into anarchy. It has hired goons and hooligans who careless about today or tomorrow. If Kenya struggles, you will struggle too; and your gods will not be happy with you. So, be the man that you are and make the right decision.

formerlyguest 2 (not verified)     Tue, 10/24/2017 @ 02:54pm

In reply to by sokora (not verified)

Maraga already received his billions, this is part of the final nail n the coffin. I bet 100% he will rule in favor of no elections, that is what Baba was talking about - the Big ANNOUNCEMENT. Brace yourselves...

Kenya (not verified)     Tue, 10/24/2017 @ 03:23pm

In reply to by formerlyguest 2 (not verified)

If he will do that the whole world will know that he is part of fake Joshua evil scheme. He will loose credibility. As you have said that big announcement by fake Joshua cannot be a coincidence with Maraga judgement.

Kenya (not verified)     Tue, 10/24/2017 @ 02:49pm

Maraga. Solomonic wisdom is needed. Do not throw our beautiful country to the dogs. If things go south you will be a refugee in Juba or Kismayo. That constitution will be a piece of printed paper

Sukari (not verified)     Tue, 10/24/2017 @ 03:03pm

Here we go..... all I can say is, the writing was on the wall. The arrogance at which NASA went about their business was testimony that something was up, and it was not a tea party. Just juzi Raila tells his followers not "to hurt innocent Kikuyus". Well, who should they aim at instead, I wonder? I am watching Uhuru as I said with squinted eyes, for I don't trust those around him at all. Wooi....I want my mummy (sob!)

Kenya (not verified)     Tue, 10/24/2017 @ 05:16pm

In reply to by MaragA (not verified)

They are making more than 45M people clinical studies. The bad part of it is that in clinical studies people have to sign whether they want to participate but Kenyans have not signed to be part of this experimental drug

OneDay@times (not verified)     Tue, 10/24/2017 @ 07:23pm

In reply to by MaragA (not verified)

Spot on. My landlord once told me that he never went to courts, never engaged a lawyer, never took out a loans, because he said "lawyers,prosecutors,judges and bank managers all went to the same schools and will screw you up for your money and ignorance." The art of politics is in the decline, in its place is legal battles and social engineering intrigues. Social media has played its rightful role in creating a ready mental images for utopia, while in reality the populace is in a labyrinth of some sort.

Imara (not verified)     Tue, 10/24/2017 @ 03:22pm

Ndugu Maraga, do what Barack Obama did when it came to making a major decision. He did not read the newspapers or listen to any news channel. That way, his mind was clear when he made a decision that would benefit and affect the majority of the nation as a whole.

Maraga, you are the first true and real chief justice of Kenya since 1963! Wow! I promise you to respect and honor the decision that you will make tomorrow. The name Maraga is already famous and known, not only in Kenya or Africa, but to the rest of the world.

Don't pray. Read the Kenyan constitution (not the Bible) and you will be able to make a rational decision that will benefit neither Raila nor Uhuru, but the people of Kenya.

no evil ruling (not verified)     Tue, 10/24/2017 @ 03:52pm

Katiba inasema repeat election should be done after 60days......no judge can change this..ni wakenya pekee. .....if they want more confusion let them have bad ruling...that will be rejected this time.

Judges are not… (not verified)     Tue, 10/24/2017 @ 03:57pm

judges are not blind to see what confusion they can bring...if they interpret katiba their own way.

Election will go on regargless of the outcome....of any ruling...

D Mwose (not verified)     Tue, 10/24/2017 @ 04:02pm

The cj will do what is right and just for kenya. You were ordered to open the election servers for inspection, you refused, ordered to reform the IEBC, you refused. what do you expect, mnafikiria watu ni wajinga mara ni kupayuka payuka ati wembe ni ule tu. The same can be applied to your IDIOCY---WEMBE NI ULE ULE TU.

KIM (not verified)     Tue, 10/24/2017 @ 04:06pm

Well lets wait and see what they will decide.However,it is worthwhile to state on this forum.That the right thing for the supreme court to do is to get out of the way of peace,stability and civil order in Kenya.This elections should be held on the Oct 26th.The jubilee Party voters should come out in large numbers and vote for UHURU. Then Kenyans should move on with their lives in Peace.NASA's efforts to make the country ungovernable should not be supported.The Judges of the supreme court should conduct themselves in a manner that advances the interest's of Peace, Stability and Civil Order in the country.The judges of the supreme court should stop enabling Raila's efforts to destabilize the country.Let us not forget that this legal case is not about the words and letters that are written on the law books of Kenya.This is about Peace and Stability in the country.This is about the lives of millions of Kenyans.We need strict fidelity to the will of the Kenyan Electorate in Kenya.Let those in positions of influence not conduct themselves in a manner that would invite instability in Kenya.Instability is like a wild fire;it takes just a few embers to ignite a wild fire,however once started it is hard to stop.Therefore, let all those in positions of influence conduct themselves in a manner that advances the interest of peace ,stability and civil order in the country.

Mwakenya (not verified)     Tue, 10/24/2017 @ 04:36pm

Is Maranga trying to hoodwink Kenyans that written submissions will be in by 8am wednesday, read/ intepreted, oral arguments and judgement/ written opinions delivered in less than 12 hrs? Or the case has already been determined?
You can fool some people some time but you can't fool all people all time. Peace Kenya.

DR. Koni Hanene (not verified)     Tue, 10/24/2017 @ 04:41pm

As I have stated previously the Great 2017 Raila coup attempt against the administration of Uhuru Kenyatta's government is a multi-layered plan that is designed to revolve around constitution to make it legal. Raila, Maraga, Chebukati and Akombe to mention a few have sat down and designed a Grand Master Plan whose roads lead to Maraga. Maraga, Raila's handyman, is now Kenya's King Maker. Election or No election is his call. Raila has said all along that there will be no election on October 26th, 2017. Based on his statement and the fact that the Grand Master Plan Executor is his handyman the chance of postponing election tomorrow is extremely high. The momentum is on Raila's side. As things stand it appear Uhuru and Ruto did not understand what Raila meant when he constantly said there would be no election on the stated date. As for us academician the signs of what is happening now came four years ago with the approach Uhuru took with appointments of Crucial people in his government. Uhuru seemed disengaged. He allowed people like Maraga to be appointed sensitive position in his government even though it was a public information Maraga was a Raila man. He had run on Raila's a ODM ticket for a parliamently seat which he had lost. Same case with Chabukali. President Uhuru cared more about putting the right people at the right place which sometimes does not work in highly tribal society like Kenya. All is not lost though. Even though Raila has Judicially in his pocket Uhuru and Ruto have the government and it's machinery. They can easily foil constitutionally what evil Maranga may intend to do tomorrow but that is their call.

Anonymous (not verified)     Tue, 10/24/2017 @ 07:18pm

Ati evil ruling.The supreme court must put a stop to this Madness. No élections period.They tasked the IEBC with correcting the anomalies of the first election. Since the IEBC has not delivered they should not pretend that all is well.Majority of the people not from Central do not want this élections.Basically people are tired of being ruled by one tribe.Supreme court must task the IEBC with creating a level playing field .Please stop this sham élections for the sake of a peaceful Kenya.

formerlyguest 2 (not verified)     Tue, 10/24/2017 @ 07:35pm

In reply to by Anonymous (not verified)

Contradiction in your comment is wanting, one , reason why elections should not take place is because of IEBC correcting the anomalies which only NASA knows about and is not telling , then two, we are tired of being ruled by one tribe- how is that possible when the Parliament includes all the constituency after your BABA "fought" for the 2nd liberation . You cannot hide your tribalism logic behind IEBC. I can also say majority of people who are not from Central are also tired of a senile old man mad ambitions

MaragA (not verified)     Tue, 10/24/2017 @ 09:16pm

In reply to by formerlyguest 2 (not verified)

@fg2, you caught the whooping non sequitur in anonymous's comment so well, that he/she does not need any further replies to expose his fallacious assertion. The IEBC 'problem' he States we're NASA created & fronted and 'people' being tired of one community; we know how that goes. Nothing to do with the integrity of elections.

Sukari (not verified)     Wed, 10/25/2017 @ 05:31am

Maraga was called a MKORA when he went against the people's will and these carry ons testifies he really is one. I think we have reached a point of no return, but whatever happens, Kenya will never be the country it once was. It's all down, down, down from now on!

The day we get ruled by people whose intellect is to resolve issues by name calling and telling women to withhold sex, show their knickers in protest and mention parts of the bodies reserved for private conversations to the masses, is the day I will know we are DOOMED.

There! I have said it. I don't think this lot has evolved/matured with the 21st century. Even the circumcision often called for in some quaters would never resolve their deficit. It's inate and unique to them. Rare breed! Who sacrifices their own self for self gain? Wahuni kabisa!!

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