The Supreme Court has annulled the presidential election results, announced by the Independent Electoral and Boundaries Commission (IEBC) giving President Uhuru Kenyatta a win over NASA presidential candidate Raila Odinga.
The results, announced by IEBC chair Wafula Chebukati on August 11, 2017 – three days after the elections – showed Uhuru Kenyatta had won his second term after garnering 8,203,290 votes (54.27pc) against Raila’s 6,762,224 (44.74pc).
The decision to annul the results was supported by Chief Justice David Maraga, Deputy Chief Justice Philomena Mwilu, Justices Smokin Wanjala and Isaac Lenaola.
Supreme Court Justices Njoki Ndung’u and Jackton Ojwang dissented the decision while Mohamed Ibrahim could not vote as he had been taken ill during the hearing of the petition.
Supreme Court reason for annulling results
In making the ruling, CJ Maraga stated: “As to whether the 2017 Presidential Election was conducted in accordance with the principles laid down in the Constitution and the law relating to elections, upon considering inter alia Articles 10, 38, 81 and 86 of the Constitution as well as, Sections 39(1C), 44, 44A and 83 of the Elections Act, the decision of the court is that the 1st Respondent failed, neglected or refused to conduct the Presidential Election in a manner consistent with the dictates of the Constitution and inter alia the Elections Act, Chapter 7 of the Laws of Kenya.
As to whether there were irregularities and illegalities committed in the conduct of the 2017 Presidential Election, the court was satisfied that the 1st Respondent committed irregularities and illegalities inter alia, in the transmission of results, particulars and the substance of which will be given in the detailed and reasoned Judgment of the court. The court however found no evidence of misconduct on the part of the 3rd Respondent.
As to whether the irregularities and illegalities affected the integrity of the election, the court was satisfied that they did and thereby impugning the integrity of the entire Presidential Election,” read the ruling in part.
He added: “A declaration is hereby issued that the Presidential Election held on 8th August 2017 was not conducted in accordance with the Constitution and the applicable law rendering the declared result invalid, null and void;
A declaration is hereby issued that the 3rd Respondent was not validly declared as the President elect and that the declaration is invalid, null and void.”
Supreme Court President and Chief Justice Maraga further ordered IEBC to organise a fresh presidential election within 60 days in accordance with Article 140(3) of the Constitution.
Each part was however ordered to bear its own costs.
He further noted that a detailed judgment containing the reasons for this decision and the dissents will be issued within 21 days of this determination.
While President Uhuru Kenyatta has disagreed with the ruling, he had promised to abide by it.
NASA leader Raila Odinga has on the other hand upheld the decision terming it a victory for Kenyans.
NASA leaders Raila Odinga filed the petition contesting the results on August 18, 2017 after Non-Governmental bodies which they had backed to file the petition rescinded their decision.