Chief Justice David Maraga has issued a clarification on remarks he made on Thursday that were understood to mean that the Judiciary would not make any decisions that would lead to postponement of the August election.
In a statement, the CJ has explained that the Judiciary would do its best not to hamper the election process by making arrangements to hear all the cases so that those who win can have their names included on the ballot.
“We have been forced to frantically look for judges to come and hear these matters because we know that at least 45 days from the date of elections, the electoral commission should have the entire list so that they can print ballot papers,” Justice Maraga noted
He added, "The judiciary is ready to do its part. All we are praying for is we have peaceful elections. Let us all know that we have a country. Elections come and go, but we have a country, which we must keep together. We will perform our duty and decide the cases which will be placed before us on the basis of the evidence and the law. So that we continue getting public confidence in whatever we are doing."
He further continued, "We, therefore, don’t want to hamper the (election) process. If we do so in any way, it is going to interfere with the elections. There is no question of us not holding a General Election on August 8. We must, therefore, all work together and have the General Election held as required by law."
Speaking in Homa Bay, Justice Maraga said the judiciary was yet to determine at least18 cases filed in the High Court arising from the Jubilee Party and Orange Democratic Movement nominations.
Among the cases is a petition filed by the National Super Alliance (NASA) and Thirdway Alliance lawyers Jackson Awele and Elias Mutuma on behalf of Opposition leader Raila Odinga seeking to stop the printing of ballot papers which is set to begin on June 23rd in Dubai.
According to Mr Odinga, ballot papers for the Presidential elections had already been printed contrary to IEBC's position that the process would begin on 18th July.
