Kenyans return to the ballot as Supreme Court orders fresh poll


Rila Odinga says his perception of the Jubilee government as “illegitimate” has not changed even ...
Rila Odinga says his perception of the Jubilee government as “illegitimate” has not changed even after Supreme Court ruled to uphold Uhuru's win in Oct. 26 poll [PHOTO | FILE]

The Supreme Court has nullified the presidential election after ruling that the electoral commission did not conduct the poll according to the law thus affecting the integrity of the entire presidential poll.

In their ruling, the court determined that the Independent Electoral and Boundaries Commission (IEBC)  failed, neglected and refused to conduct the election in the manner dictated in the Constitution.

The Supreme Court also determined that there were irregularities in the transmission of election results.

However, Justices Jackton Ojwang and Njoki Ndung’u dissented with the ruling.

The judgment was delivered in the absence of Justice Mohammed Ibrahim who was taken ill on Tuesday.

Now the IEBC has to organize a fresh election within 60 days, that is by November 1st.

The court, however, found no misconduct on the part of President Uhuru Kenyatta.

What Next

According to Article 140 (3) of the Constitution on the question as to validity of presidential election;  If the Supreme Court determines the election of the President Kenyatta to be invalid, a fresh election shall be held within 60 days after the judgment.

Fresh elections are now expected to be conducted by November 1st this year.

The electoral body on August 11 election  had declared Kenyatta’s victory with 54.27 percent of the votes, against 44.74 percent for Odinga.

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