Supreme Court to deliver judgment on Monday in petition case

Written By: Hallygan Agade
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Court
The judges are Mohamed Ibrahim, Jackton Ojwang, Smokin Wanjala and Njoki Ndung’u.
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The Supreme Court will deliver its judgment on Monday in the second presidential petition.

The six judge bench led by Chief Justice David Maraga is expected to give answers to at least five key constitutional and political contentions, on which the case was premised.

The first contention the apex court will have to pronounce itself on is whether there was a constitutional requirement allowing the Electoral Commission to conduct fresh nominations before the repeat poll.

According to the petitioners there was need for nominations given that it there was a fresh election and not a continuation of the August 8th election.

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The issue of nomination was also the main argument of former Kilome MP John Harun Mwau’s petition, with his lawyers saying nominations are heart and core of any election process and that the nomination certificate that was issued to candidates before the August 8 General expired with that election.

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On Thursday last week, president Uhuru Kenyatta’s lawyers defended the Independent Electoral and Boundaries Commission’s decision not to hold fresh nomination in the October 26 repeat presidential poll.

The president legal team led by Fred Ngatia argued that the fresh presidential election did not need nominations.

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Ngatia told the Supreme Court Thursday that the nominations dispute cannot be a basis for cancelling President Kenyatta’s win.

The lawyer said the process is only necessary during a general election and in the event the office of president becomes vacant.

Ngatia further submitted that NASA’s withdrawal from the fresh presidential election was an abandonment of electoral process.

The president lawyers have therefore asked the Supreme Court judges to dismiss the two cases filed by activists Njonjo Mue and Khelef Khalifa and the other by former Kilome MP Harun Mwau.

If the election is upheld, President Kenyatta will be sworn-in on the first Tuesday; seven days following the court’s decision – November 28 – according to Article 141(2)(b).

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If the court invalidates the election, the country will go back to the ballot in 60 days to elect a new leader in accordance with Article 140(3).

Meanwhile, Security has been beefed countrywide ahead of the Supreme Court ruling Monday on the credibility of 26th October historic repeat presidential results.

Addressing reporters in Nairobi, on Sunday the region’s County Police commander Japheth Koome said that security agencies will execute their mandate of protecting life and property.

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