The five judge-bench ruled that the integrity case cannot hold water as per the Constitution.
They said Uhuru and Ruto have been nominated by their respective parties and cleared by the Independent Electoral and Boundaries Commission to contest in the elections.
They ruled that the court has not been informed of any trial that led to the two being jailed for more than six months.
The judges said the Constitution stipulates that any person charged is presumed innocent until proven guilty.
The judge also ruled that High Court has no jurisdiction to deal with disputes on nomination and election of presidential candidates.
The judges said the Supreme Court has exclusive jurisdiction to hear issues touching on those aspiring for the office of the presidency after their nomination and after they are elected to office.
The judges at the same time dismissed an application to have an envelope by Justice Phillip Waki handed to Koffi Annan and later given to the International Criminal Court be handed to the court.
They said the issue on the letter was not party to the petition and has also been overtaken by events.
The five judges are Mbogholi Msagha, Luka Kimaru, Hellen Omondi, Pauline Nyamweya and George Kimondo.
The integrity case was filed by four NGOs and was the only hurdle on Uhuru and Ruto’s path to the presidential ballot.
The four consolidated petitions filed by Centre for Policy and Conflict, Kenya Human Rights Commission, International Commission of Jurists Kenya and Public Corruption, Ethics and Governance Watch.
They were seeking a declaration that Uhuru and Ruto’s candidature is contrary to Chapter Six of the Constitution since they are facing charges of crime against humanity at the ICC.
The court in January this year struck out the names of Prime Minister Raila Odinga and Vice President Kalonzo Musyoka from the petition, freeing them from integrity scrutiny.
Also freed from similar determination was Deputy Prime Minister Musalia Mudavadi who is the Amani Coalition presidential candidate.
The three escaped through a technical hitch, after the petitioners failed to serve them with the court papers, prompting the High Court to strike their names out of the suit. - The Standard
