What remains to be seen: How Maraga and team arrived at decision

November 20, 2017 12:29 pm
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The bench of six who heard the two petitions will also deliver their findings on the impact of Opposition leader Raila Odinga’s withdrawal from the race and whether the withdrawal was indeed valid/MOSES MUOKI

, NAIROBI, Kenya, Nov 20 – The Supreme Court on Monday identified several issues for determination when it declared President Uhuru Kenyatta validly re-elected.

Among the issues to be explained in 21 days, Chief Justice David Maraga said, is whether or not the Independent Electoral and Boundaries Commission was compelled to hold fresh nominations for the fresh presidential poll the court ordered for on September 1, and whether the 60 days the Commission had to organise and hold the poll were sufficient for them to conduct said nominations.

Another issue identified for determination by court is, “What is the effect of a declaration of invalidity of the presidential election under Article 140 of the constitution?”

The bench of six who heard the two petitions challenging the election of President Kenyatta on October 26 will also deliver their findings on the impact of Opposition leader Raila Odinga’s withdrawal from the race and whether the withdrawal was indeed valid.

“What is the legal effect of the withdrawal of a presidential election candidate before election?” Maraga stated.

READ: New kids on the block: Form 24A, obiter dictum and why Raila undaunted

They will also rule on the constitutionality of the amendments made to section 83 of the Elections Act by the ruling party in response to its annulment of the August 8 presidential poll.

Another issue to be determined is whether the petitioners Harun Mwau, Njonjo Mue and Khelef Khalifa, if indeed they did not vote in the October 26 poll, could legitimately fault the IEBC’s conduct of a poll in which they did not participate and therefore speak to from an authoritative standpoint.

“Are their petitions properly filed as public interest litigations?” Maraga posed on behalf of the bench.

READ: Uhuru: He who did not vote, gave up the right to contest my win

The court will also rule on the legal consequences of not holding an election in each constituency as was the case on October 26.

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