These are the Judges hearing Raila’s petition

These are the Judges hearing Raila's petition

On August 16, opposition leader, Raila Odinga, defied his campaign sentiments of not going to court this time round by saying that the National Super Alliance (NASA) will be moving to the Supreme Court to contest the presidential election results.

The former Prime Minister, speaking to the nation at the Okoa Kenya Offices in Nairobi, argued that “NASA wants to show the world what transpired in the August 8 General Election”, which he termed the leadership declared winners as “computer generated”.

Petition time-frame

The 2010 Constitution of Kenya stipulates that any aggrieved party or individual should file a petition at the Supreme Court within seven days after the declaration of presidential winner by the IEBC.

The Supreme Court is required to hear submissions of any concerned stakeholder in the case including the Jubilee Party and IEBC, and make a ruling within 14 days after the filing of the petition.

Composition of the Supreme Court

The petition is being heard by a seven-Judge-bench.

They comprise of Chief Justice David Maraga, Deputy Chief Justice Philomena Mwilu, and Justices Jackton Ojwang’, Mohamed Ibrahim, Njoki Ndung’u, Smokin Wanjala and Isaac Lenaola.

Possible outcomes

Depending on the submissions and evidences NASA will provide the court with, the seven Judges will either uphold IEBC’s declaration of Mr. Kenyatta as the President-elect, or annul the re-election of Mr. Kenyatta.

If the bench is convinced that indeed there were election irregularities in the presidential vote and that NASA’s concerns are valid depending on the evidence they will table, then the seven-Judge bench will annul presidential results.

This means that it will then direct IEBC to conduct a fresh poll in 60-days time.

And if the court is not satisfied with NASA’s complaints, then it will uphold IEBC’s decision and affirm Mr. Kenyatta as the President-elect of the Republic of Kenya.

Were it not for NASA’s latest move, President Kenyatta was to assume office in August 29, with the Constitution outlining that President-elect and Deputy President-elect should be inaugurated 14 days after the first Tuesday following the declaration of presidential winner by IEBC.

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Story By Majanga Michael
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