Judges retreat to write petition ruling due Saturday

March 29, 2013 9:39 am


The judges have until Saturday to deliver the historic ruling. PHOTO/File.
The judges have until Saturday to deliver the historic ruling. PHOTO/File.
NAIROBI, Kenya, Mar 29 – The historical ruling on the petition challenging the election of President-elect Uhuru Kenyatta is now expected on Saturday.

Chief Justice Willy Mutunga announced on Friday morning that lawyers for the petitioners and respondents and all other parties in the case will be summoned on short notice once the ruling is ready.

“We now proceed to go and start writing our judgment and we meet here tomorrow (Saturday),” he told the court.

“Keep your cell phones open because we don’t know when we will summon you but we will give you sufficient notice. I am sure you will be in Nairobi,” the CJ said after hearing submissions of lawyers reviewing results of re-tallying of votes from 22 constituencies.

Mutunga who appreciated the professionalism and quality of arguments demonstrated by the parties to the case said the judges were happy with the performance in court in the first presidential election petition before the Supreme Court.

“You have done great work and we appreciate you. All of us were very happy with what came from the bar. It is a proud thing; if I was asked anywhere outside this country what our bar is like, it is one of the best. It is up there. We are very happy you have helped us,” he observed.

Prime Minister Raila Odinga is represented by Senior Counsel George Oraro who was among the lawyers who represented former Tinderet MP Henry Kosgey at the International Criminal Court (ICC).

Africa Centre for Open Governance (AFRICOG) was represented in the petition by Counsel Kethi Kilonzo, an upcoming lawyer.

Njoroge Regeru another articulate lawyer acted on behalf of three members of TNA party; Moses Kuria, Dennis Itumbi and Flowrence Sergon.

There were four respondents in the case, the Independent Electoral and Boundaries Commission (IEBC), its chairman Issack Hassan, President-elect Kenyatta and his deputy William Ruto.

Attorney General Githu Muigai was admitted to the case as amicus curiae.

Senior lawyer Fred Ngatia acted on behalf of Kenyatta while Katwa Kigen who is still representing Ruto at the ICC also represented him in the petition filed two weeks ago.

IEBC has four lawyers; Nani Mungai, Paul Nyamodi, Mohammed Nyaoga, Lucy Kambuni and Aurelio Rabello.

The respondents, the petitioners and the six judges of the Supreme Court started sittings on Monday at the start of the Pre-Trial hearings that went through to Tuesday.

The hearings kicked off on Wednesday and ended on Friday morning with comments on the re-tally ordered by the court.

In his petition, Odinga wants the judges to quash the declaration of Kenyatta as the president-elect and order a fresh presidential election.

If the court rules in favour of Kenyatta, he will be sworn in as Kenya’s fourth president on April 9.

In case a re-run is ordered, it will be done within 60 days after the ruling.


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