The Supreme Court will on Monday release its detailed ruling of the October 26th repeat presidential election petition.
Chief Justice David Maraga, his deputy Philomena Mwilu and Justices Jackton Ojwang’, Smokin Wanjala, Njoki Ndung’u and Isaac Lenaola are expected to give reasons as to why they dismissed the 2 petitions that were challenging the re-election of President Uhuru Kenyatta.
The ruling will also address the contested issue on the overall effect to the exercise following a decision by voters from 25 Constituencies to boycott the poll.
Independent Electoral and Boundaries Commission (IEBC) had told the judges that it postponed the election to a later date in the affected constituencies because of violence. The electoral body also argued that the net effect of the vote numbers in the said constituencies could not affect the final outcome of the poll.
The full ruling will also reveal whether the court will reprimand or condemn the opposition over running battles between its supporters and the police in areas where voting did not take place.
The Supreme Court is expected to address the issue of low voter turnout and its implication on the legitimacy of the incumbent.
IEBC indicated there was a 38 per cent turnout, with opposition declaring that 62 per cent of the voters who stayed away were Raila’s supporters.
Two cases were filed to challenge President Uhuru Kenyatta’s win. The first case was by Njonjo Mue and Khelef Khalifa while the second petition was filed by former MP Harun Mwau.
In the Mwau case, there were five issues for determination, key being whether another electoral cycle kicked off after the nullification of the August 8 election.
At the heart of the Khalifa and Mue’s case are eight critical issues, among them whether the October 26th election and its results were legitimate and credible.
The court was also asked to determine whether IEBC’s failure to conduct fresh nominations illegitimated the process.
The court will determine whether IEBC would have been in contempt of its orders if it pushed the repeat election to a date beyond the 60 days set by the law.
The two activists argued that the internal wrangles between IEBC commissioners and officials affected the independence of the Commission.
According to the two, the resignation of former commissioner Roselyne Akombe and admission by the chairman Wafula Chebukati that there were factions allied to political parties within the commission indicated it was ill-prepared to conduct a re-run.
Former legislator Harun Mwau argued that nominations ought to have been called within 21 days after the nullification of the August 8 presidential election. The detailed ruling will however only aid in jurisprudence with president Kenyatta and his deputy William Ruto having already been sworn into office for their second term.