Swear in Uhuru, Kenya’s highest court rules

March 30, 2013 2:07 pm


Uhuru is now set to be sworn in as Kenya\s fourth president on April 9/ALI ALI ALALE
Uhuru is now set to be sworn in as Kenya\s fourth president on April 9/ALI ALI ALALE
NAIROBI, Kenya, Mar 30 – Uhuru Kenyatta will now be sworn in as Kenya’s fourth president on April 9, after the Supreme Court unanimously struck out Prime Minister Raila Odinga’s petition challenging his election.

In the landmark decision, the judges agreed that the announcement by the Independent Electoral and Boundaries Commission (IEBC) declaring Kenyatta as president will stand.

“The following is the unanimous decision of the court. The election was conducted in a free, fair, transparent and credible manner in compliance of the Constitution and all relevant provisions of the law,” Chief Justice Willy Mutunga who read the decision said.

The six-judge bench arrived at the verdict after analysing arguments brought forth by lawyers for the IEBC, Kenyatta, deputy President-elect William Ruto and three voters who wanted a determination on the validity of rejected ballots in the finally tally.

Mutunga said it was after extensive deliberations that he six judges collectively agreed that IEBC conducted the election as expected by the law and Constitution.

“After extensive deliberations we are happy to announce that the Supreme Court has reached a unanimous decision on all the four issues that fell for the determination in presidential petition as consolidated,” Mutunga said.

The judges said that Kenyatta and his deputy William Ruto were duly elected on March 4.

“It is the decision of the court that the 3rd and 4th respondents were validly elected.”

The judges also felt that rejected votes which were included in the final tally of the presidential results should not have been factored.

This meant that that Kenyatta considerably passed the 50percent + 1 mark to win in the first round.

“Petition numbers 5 and 4 are declined. As to petition number 3 the prayer by the petitioner seeking declaration of re-computation of percentages by the second respondent is declined as the court has no jurisdiction,” he said.

The judges ruled that each of the parties were ordered to subsequently bear their own costs for the petition.

Prime Minister Raila Odinga and the Africa Centre for Open Governance and moved to court on March 16 to challenge the election of Kenyatta

They wanted the court to nullify the announcement by IEBC that Kenyatta won the election.

They argued that IEBC conducted a flawed election to favour the Jubilee presidential candidate over his closest contender, Coalition for Reform and Democracy candidate Odinga.

They also said IEBC had planned its election Information and Technology Systems to fail to the advantage of Kenyatta.

However, according to the historical ruling delivered on Saturday evening, the allegations were dismissed and the status quo remains.

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