“We will never agree to work in accordance with the whims and desires of the Executive and Parliament. The Judiciary as currently constituted cannot and shall not guarantee a particular outcome to any individual,” Maraga had stated a few hours earlier/FILE
NAIROBI, Kenya, Sep 20 – The Supreme Court will on Wednesday deliver, in full, the reasons why by a majority, it nullified the August 8 presidential election and President Uhuru Kenyatta’s declaration as winner.
The bench will deliver the judgement in the face of intimidation and bad-mouthing from the Executive which has exhibited a strong reaction to the ruling.
Only 12 hours ago, Deputy President William Ruto tweeted: “So has CJ taken sides? Listening to the tone, language & drift of Maraga’s lecture the only phrase missing is NASA HAO! TIBIN! (sic) & TIALALA!” in reaction to Maraga himself coming out strongly in condemnation of their attacks on his person and his staff.
“We will never agree to work in accordance with the whims and desires of the Executive and Parliament. The Judiciary as currently constituted cannot and shall not guarantee a particular outcome to any individual,” Maraga had stated a few hours earlier.
The two judges, of the six, who dissented with the majority of their counterparts – that is Justices Njoki Ndung’u and Jackton Ojwang – will also deliver their detailed reasons why they were of a different mind.
On September 1, Chief Justice Maraga, Deputy CJ Philomena Mwilu, Isaac Lenaola and Smokin Wanjala were all in agreement that the August 8 presidential election was marred by irregularities and illegalities and should therefore be annulled; ordering that in accordance with the provisions of the Constitution, a fresh one be conducted within 60 days.
The Independent Electoral and Boundaries Commission immediately thereafter urged the judges to make speedy work of their full judgement to better inform their preparations for a fresh exercise.
The Director of Public Prosecutions Keriako Tobiko said he would not take any action against the Commission for the said illegalities until the Supreme Court made itself clear on what they were exactly.
The reason provided by the majority on the bench on September 1 was to do with the electronic transmission of results with Maraga stating that an election was a process, not an event.
Since then, Raila Odinga who had petitioned the court, has refused to take part in a fresh exercise until changes are made to guarantee the same irregularities and illegalities will not be repeated.
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