Two petitions filed by the outgoing South Mugirango legislator Silvanus Osoro and three voters seeking to bar the Supreme Court from declaring a presidential winner in case of a re-count, were on Wednesday, August n thrown .
The lawmaker, a close ally of William Ruto argued that the Supreme Court could only nullify the presidential election results and order a new poll.
“The Supreme Court sitting as an election court in presidential election disputes can only hold that the election results are valid or invalid and no more,” noted Osoro.
Osoro alongside Ashford Koome Mbogo, Michael Ochieng Asola, and Eric Githinji demanded that the High Court declares Section 80 (4) of the Elections Act unconstitutional, which allows an election court to direct the IEBC to issue a certificate of election to a president.
“I contend that Parliament overstepped on its mandate in clothing the Supreme Court (election court in presidential election dispute) with the power to direct IEBC,” Osoro argued.
In her ruling, Justice Hedwig Ong'udi stated that the High Court has no mandate to limit the powers of the Supreme Court or govern its practices.
“I find under Article 140(2) of the Constitution, the Supreme Court hears the presidential election petition and gives a decision. It is not for this court to direct the Supreme Court on what to do or not do,” Justice Ong'undi declared.
Justice Ong'udi added that under Article 163 (3)(a) of the Constitution, the Supreme Court has exclusive original jurisdiction to hear and determine disputes relating to the election of the office of the President arising under Article 140.
However, following the ruling, the petitioners vowed to move to the Court of Appeal to challenge the verdict.
Nine petitions have been filed at the Supreme Court challenging the presidential election results announced by IEBC Chairman Wafula Chebukati who declared Willian Ruto as president-elect.
Among the petitioners is the Azimio leader Raila Odinga who wants the court to invalidate Ruto's win arguing that IEBC committed massive irregularities that undermined the poll's credibility.
The seven-judge bench led by Lady Justice Martha Koome, the President of the apex Court will determine the case on September 5.
