Uhuru Kenyatta's Win Overturned by Justice Maraga's Ruling

Kenya's Supreme Court has declared the results of last month's presidential poll "invalid, null and void" and ordered th...

Kenya's Supreme Court has declared the results of last month's presidential poll "invalid, null and void" and ordered the election be re-run within 60 days.
According to Chief Justice David Marsha, "The presidential election held on August 8 was not conducted in accordance with the constitution".
Ruling in favour of the opposition which challenged the declaration of President Uhuru Kenyatta as the winner, Justice Maraga said this was a majority decision, with two judges dissenting.
The unexpected ruling was a rare example of a poll result being overturned, with Maraga saying the election commission (IEBC) "failed, neglected or refused to conduct the presidential election in a manner consistent with the dictates of the constitution".
According to Maraga, this had compromised the "integrity of the entire presidential election".
Supreme Court majority decision:
1. IEBC failed to conduct the election in compliance with constitutional provisions.
2. IEBC committed irregularities and illegalities.
3. The irregularities and illegalities affected the integrity of the Presidential election.
Background:
  • IEBC declared President Kenyatta the winner after garnering 54 per cent of the votes cast on August 8, 2017.
  • Nasa’s Raila Odinga, argued that the poll was marred by massive irregularities.
  • IEBC Chairman Wafula Chebukati argued before the court that the Nasa petition was devoid of merit.



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