The Supreme Court on Monday explained why it upheld President Uhuru Kenyatta’s re-election after dismissing two election petitions challenging the October 26 repeat poll.
Delivering the full verdict on Monday, the six judges stated that there were nine issues of consideration from the two consolidated petitions.
First, the court ruled that there was no need for fresh nominations for the repeat presidential election after the first poll was voided as the petitioners argued.
The bench further stated that National Super Alliance (NASA) candidate Raila Odinga did not formally withdraw from the poll but only declared his intention to do so.
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They argued that the Opposition leaders failed to fill in the requisite forms to officially withdraw from the election, nor did they communicate the same to the electoral agency.
"If Mr Odinga withdrew from the election, the move would not have necessitated a cancellation of the poll," the judges added.
The judges also addressed themselves on the issue of whether the failure to hold elections in all constituencies would nullify the election.
While reading his judgment, Justice Smokin Wanjala remarked that the validity of an election could not be challenged on the basis of whether it was held in all the 290 constituencies.
On claims of irregularities, Justice JB Ojwang stated that the petitioners had made general allegations without providing substantial proof to the claims.
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He added that the IEBC was not at fault for shifting some polling stations in Kibra and Mombasa because there was violence in some parts of the country that made it impossible to hold the poll in some areas.
