September 1, 2017

Summary

In the ruling decided by six supreme court judges after Justice Ibrahim fell sick

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Supreme Court Nullifies Uhuru Kenyatta’s Win

The supreme court judges have by a majority vote nullified Uhuru Kenyatta’s victory in the August 8th elections.

In the ruling decided by six supreme court judges after Justice Ibrahim fell sick, was centered on three main issues;

1.Whether the election was  conducted in line with the Constitution and in accordance with electoral laws

2.If there were any irregularities and misconduct committed in the election

3. If the irregularities had any impact on the integrity of the elections.

Justice David Maraga announced that based on the three key issues, the judges were satisfied that; *the 1st respondent (The IEBC) failed and neglected to conduct the elections in a manner in line with the constitution.

*they are satisfied that the 1st respondent was irregular in the transmission of election results. However the CJ pronounced that there was no evidence of miscnduct on the 3rd respondent (Uhuru Kenyatta).

*That the irregularities observed undermined the integrity of the elections.

FINAL ORDERS- THE HISTORIC JUDGEMENT

In the final orders the judges ruled that;

*the presidential election was not conducted in line with the constitution and applicable electrol laws and therefore we declare the results null and void.

*the 3rd respondent was not validly elected

*the 1st respondent to conduct and organise fresh elecyions within 60 days.

JUSTICE NJOKI NDUNG’U AND KAJWANG DISSENT

Justice Njoki Ndung’u and Jacktone Kajwang however dissented the decision of the majority to invalidate Uhuru’s victory.

Maraga said that due to time constraints,  the verdict was in sumarry and that the full ruling will be made within 21 days.

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