5 Issues Supreme Court Will Decide On Monday

  • The Supreme Court will on Monday deliver it's highly anticipated ruling on the consolidated petitions on the repeat Presidential election.

    The Chief Justice David Maraga-led bench will have to decide on five key issues that make the bulk of the petitioners' case.

    First, they will have to decide whether the Independent Electoral and Boundaries Commission (IEBC) was required to conduct fresh nominations ahead of the October 26 poll.

    The petitioners argue that since it was a fresh election, the electoral process ought to have begun with new nomination certificates issued to the candidates.

    In his response, President Uhuru Kenyatta stated: "On the contrary, there are constitutional, statutory and judicial pronouncements that leave no shadow of doubt that nominations are not required during a fresh presidential election."

    [caption caption="IEBC Chair Wafula Chebukati hands President Kenyatta his certificate"][/caption]

    Second, the judges will have to decide whether Cyrus Jirongo of United Democratic Party (UDP) was properly nominated and gazetted as required by law.

    This is because the IEBC had initially left out Jirongo from the list of candidates before reversing their decision through a special gazette notice on 24th October.

    Third, the petitioners state that the IEBC ignored the withdrawal of Raila Odinga and Kalonzo Musyoka from the race.

    Although the electoral body argued that they did not sign the Form 24A, the petitioners state that it was not necessary as nominations had not been conducted.

    The petitioners have also raised various issues to do with discrepancies and inconsistencies with the voters' register.

    They argue that, according to IEBC data, 1.6 Million voters could not be biometrically identified and the electoral body should, therefore, provide signed Forms 32A.

    Finally, on a more political note, they will have to decide whether they can annul the repeat poll after nullifying the August 8 election.

    Waikwa Wanyoike, the lawyer for the petitioners, stated: "This court does not work on public opinion but the law. The Constitution demands it should be nullified if it doesn’t pass the test."

    [caption caption="The Supreme Court judges. Justice Mohammed Ibrahim is still undergoing treatment overseas."][/caption]