LEAD: Kenyan Supreme Court upholds Kenyatta victory in controversial repeat elections

20 Novembre 2017

Nairobi, Kenya, November 20 (Infosplusgabon) - The Supreme Court in Kenya on Monday dismissed two election petitions seeking to block the election of President Uhuru Kenyatta, saying they “lacked merit” and are “hereby dismissed”. The verdict effectively paves the way for Kenyatta’s swearing-in  for his seond term on 28 November 2017.

The Supreme Court decision was reached unanimously by all the six judges who listened to the petition, seeking to nullify the election conducted on 26 October 2017, on the basis that it was full of “illegalities and irregularities”.

“The presidential election is hereby upheld. A reasoned judgment would be issued within 21 days,” Justice David Maraga, Chief Justice and President of the Supreme Court, said in a brief ruling delivered on the 14th day after the election results declaration on 30 October as required under the Kenyan constitution.

President Kenyatta was declared winner of the presidential contest with 98.26% of votes. Turnout was about 39% in the vote boycotted by the leader of the opposition National Super Alliance (NASA), Raila Odinga.

The election petition was filed by human rights activists, Njonjo Mue and Khalef Khalifa, of the Kura Yangu, Sauti Yangu coalition, a civil society organization which brings together a group of human rights organisations, which deployed election observers across the country.

According to the petitioners, the 26 October election re-run was conducted against the greater public good, which is a noble principle in a democracy, constitutionalism and the rule of law.

The election also failed to take place in 290 constituencies as required by the constitution.

The petitioner argued the Independent Electoral and Boundaries Commission (IEBC) illegally hired election officials and that an order was illegally issued at night by a Court of Appeal judge to overturn an earlier ruling which found the election officials were illegally appointed.

The petitioners said the IEBC also failed to transmit the election results as required by law and that it was itself acting in a manner to show that it was not independent.

At the start of the hearing, the Supreme Court ruled against the petitioners’ evidence on the grounds that it presented internal memos which it did not obtain lawfully and which could not be allowed to stand as evidence in a court of law.

The judges ruled that the evidence, which formed majority of the petitioners' evidence and court challenge, were illegally obtained and ordered they be expunged from the Court records.

The second petitioner, Haroun Mwau, wanted the Court to invalidate the election on the grounds that the withdrawal of a presidential candidate should lead to fresh nomination of candidates.

The petitioner argued the nomination before an election is a constitutional requirement.

FIN/INFOSPLUSGABON/IOP/ GABON 2017

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