Chief Justice David Maraga has warned that the Supreme Court will not hesitate to annul the repeat presidential election if the IEBC commits similar irregularities to those experienced in the August 8 election.
While delivering the detailed judgment on Wednesday, Justice Maraga stated that the Supreme Court had an unwavering commitment towards the Constitution.
The CJ stated that under the under Article 1 (3) (c) of the Constitution, Supreme Court had been delegated sovereign power.
He noted that the Court would be violating constitutional principles if it exercised the delegated power dishonestly.
Justice Maraga justified the bold decision by Supreme Court Judges to nullify the August presidential election stating that judges first take oaths as advocates before being sworn in as judges later.
“For as long as the Constitution has the provisions granting this court the mandate to overturn a presidential election in appropriate circumstances, it will do so because the people of Kenya in the preamble to the Constitution adopted, enacted and gave unto themselves the Constitution for themselves and future generations,” Maraga stated.
“All of this court’s powers, including that of invalidating a presidential election, is not self-given nor forcefully taken, but is donated by the people of Kenya,” he added.
The CJ noted that one of the serious offences committed by the Independent Electoral and Boundaries Commission (IEBC) was the use of forms that lacked security features.
Maraga also noted that the Form 34C used to declare the final presidential result lacked a watermark and a serial number.
He directed the IEBC to conduct future elections in conformity with the Constitution and the Electoral laws.