Possible outcomes in today’s presidential petition judgment


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]

Having had less than 48 hours to sift through mountains of documents submitted by President Uhuru Kenyatta and Raila Odinga lawyers before rendering their judgment, the seven judges will in less than two hours deliver their judgment.

In the judgment, the seven will rule for or against the petitioners Raila Odinga and Kalonzo Musyoka.

Possible Outcomes

If it so happens that the judges agree with the petitioner’s allegations that President Kenyatta’s re-election was marred by irregularities and order a repeat election, IEBC will be given 60 days to organize a fresh vote.

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.

This then means that should the ruling go the NASA way, fresh elections will be conducted by November 1st this year.

Second Outcome

In the second scenario, the judges could also validate President Kenyatta’s re-election in which case he will be sworn in the first Tuesday, seven days after the ruling which will be on September 12th.

According to Article 141 (2) (b) on Assumption of Office of the President,  the president shall be sworn in on the first Tuesday following—(b) the seventh day, following the date on which the court renders a decision declaring the election to be valid, if any petition has been filed under Article 140.

With each of the seven judges required to write a judgment before comparing notes to come up with one voice, their decision is final.

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