Monday, October 22, 2018

The Supreme Court of Kenya Upholds The Election of Uhuru Kenyatta and William Ruto 30 March 2013

The Supreme Court of Kenya upheld the election of Uhuru Kenyatta and William Ruto 30 March 2013

The Supreme Court of Kenya Presidential Election Petition No. 3. 4 and 5 (Consolidated) 2013

The Supreme Court Judges Dr Willy Mutunga Chief Justice and President of the Supreme Court, Justice P.K Tunoi, Justice M.K Ibrahim, Justice J.B Ojwang, Justice S.C Wanjala, and Justice N.S Ndungu reached a unanimous decision on all four issues pertaining to the Kenya Presidential Election Petition No 3. 4 and 5 (Consolidated) of 2013 filed by Hon Raila Odinga, Moses Kiarie Kuria, Dennis Njue Itumbi, Florence Jematiah Sergon, Gladwell Wathoni Otieno and Zahid Rajan.

“After extensive deliberations, we are happy to announce the Supreme Court has reached a unanimous decision on all the four issues that fell for determination in presidential election Petition No. 3, 4 and 5 as consolidated.”

The Supreme Court arrived at the unanimous decision that the Presidential Election held on 4th March 2013 were held in compliance with the Constitution and the law and “… were conducted in a free, fair, transparent and credible manner, in compliance with the provisions of the Constitution and all relevant provisions of the law; it is the decision of the court that the said elections were indeed conducted in compliance with the Constitution and the law.

It held that the 3rd Respondent Uhuru Kenyatta and 4th Respondent William Samoei Ruto were validly elected

On the matter of the Rejected Votes – The Supreme Court of Kenya held “ … that such rejected votes ought not to have been included in calculating the final tallies in favour of each presidential candidate.”

The Supreme Court dismissed consolidated Petitions 5, 4 and the prayer of by the Petitioners seeking a declaration of recomputation of percentages by the 2nd Respondent Ahmed Issack Hassan of the Independent Electoral and Boundaries Commission, as the court has no jurisdiction.

The Supreme Court ordered that each party bears his/her/its own costs.

Background

Supreme Court of Kenya Presidential Election Petition No. 5 of 2013

Independent Electoral and Boundaries Commission (1st Respondent)

Ahmed Issack Hassan (2nd Respondent)

Uhuru Kenyatta (3RD  Respondent)

William Samoei Ruto (4th Respondent)

This petition was consolidated with Kenya Presidential Election Petition No.3 of 2013

Moses Kiarie Kuria (1st Petitioner)

Denis Njue Itumbi (2nd Petitioner)

Florence Jematiah Sergon (3RD Petitioner)

VERSUS

Ahmed Issack Hassan (2nd Respondent)

Independent Electoral and Boundaries Commission (1st Respondent)

 This petition was also consolidated with Kenya Presidential Election Petition No. 4 of 2013

Gladwell Wathoni Otieno (1st Petitioner)

Zahid Rajan (2nd Petitioner)

VERSUS

Ahmed Issack Hassan (2nd Respondent)

Uhuru Kenyatta (3rd Respondent)

William Samoei Ruto (4th Respondent)

Source: Judiciary of KenyaORDER OF THE COURT IN THE SUPREME COURT OF KENYA Presidential Elections Petition 30 March 2013

                 Dated 30 March 2013.

End


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