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VERDICT: Supreme Court nullifies Uhuru victory


The Supreme Court has nullified President Uhuru Kenyatta’s victory in a majority decision delivered Friday morning.

Justices Njoki Ndung’u and Jackton Ojwang dissented.

The judges who ruled in favour of the petitioner are Chief Justice David Maraga, his deputy Lady Justice Philomena Mwilu, Justice Smokin Wanjala and Justice Isaac Lenaola.

Justice Mohammed Ibrahim was taken ill early this week.

Majority of the judges were of the opinion that illegalities affected the conduct of the election.

THE DECISION

The decision means that Kenyans will now go back to the polls and elect a new leader in 60 days.

Had Mr Kenyatta’s win been upheld, he would have been sworn in on September 12 at the Kasarani stadium in Nairobi.

Nasa leader Raila Odinga had challenged the  decision by Independent Electoral and Boundaries Commission (IEBC) to declare President Kenyatta winner of the August 8 presidential vote.

Declaring the results, IEBC chairman, Mr Wafula Chebukati, said that Mr Kenyatta had garnered 8,203,290 votes, representing 54.27 per cent of the votes cast.

The ODM and Nasa candidate, Mr Raila Odinga, came in second with 6,762,224 votes, representing 44.74 per cent of the votes cast.

VOTES CAST

In total, 15,073,662 people cast their votes, representing 78.91 per cent of the registered voters.

Mr Kenyatta also garnered more than 25 per cent of the votes cast in 35 counties, compared to Mr Odinga who got over 25 per cent in 29 counties.

But Mr Odinga had asked the Supreme Court to nullify the outcome of the August 8 presidential election because President Kenyatta was not validly elected.

Mr Odinga told the court that the election was shambolic and the electoral commission conducted it in a manner that violated constitutional and legal provisions.

He said the final results was not based on either electronic or manual delivery of forms 34A or 34B.