Finally Long wait ends as Supreme Court delivers verdict on Raila petition

Seven Supreme Court judges will today decide whether to uphold President Uhuru Kenyatta’s re-election or order a fresh election within 60 days. The landmark decision on the petition by NASA presidential candidate Raila Odinga will not only change the country’s political destiny, but will also be a precedence setter in determining election disputes filed over the August 8 General Election.

On Monday, Mr Odinga’s lawyers presented their arguments with problems in transmission and system failure, alleged forgeries, non-compliance with the Constitution and inconsistency being their core areas of contention.

Lawyers for the respondents; IEBC, its Chair Wafula Chebukati and President Kenyatta, however, dismissed claims by the petitioner arguing that the elections were free and fair and that the Judges should dismiss the case with costs.

Following the Court Proceedings, four issues have emerged that could make or break Mr Odinga’s petition. The four include;

1. Legal Provision

The petitioner argued that there is no need to have legal provisions if they will not be obeyed. The team submitted that there is no point of holding elections if the law, procedure, and regulations to govern their conduct will not be respected and adhered to.

It is an issue that the judges will have to examine and various lawyers told the court that it had a duty to form a strong jurisprudence that could guide such petitions.

2. Transmission of Results

Transmission of the results formed main bone of contention by the petitioner.

Mr Odinga noted that the relay and transmission of results “compromised and affected the requirements of free and fair elections.”

It is now upon the court to check whether this was strongly canvassed with evidence submitted.

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