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Supreme Court upholds Uhuru Kenyatta's election as president

The Supreme Court has upheld the election of President Uhuru Kenyatta as president.

In a unanimous decision, the six judges of the court dismissed the consolidated petitions challenging President Uhuru Kenyatta’s October 26 election win for lack of merit

The two petitions were filed by former assistant minister Harun Mwau and another by Njonjo Mue and Khelef Khalifa.

READ: Mwau challenges repeat election

The court consolidated the petitions and heard them for two days before retreating to write their judgment. Today was the last day for the judges as the Constitution states that the court must hear and determine the petition within 14 days.

Not involved

Senior Counsel Ahmednasir Abdullahi, one of the President’s lawyers, had attacked the petitioners, saying because they had not voted, they should not be allowed to attack the outcome of a process they were not involved in.

READ: Eyes on Supreme Court for poll verdict

He said the petition is part of a bid by the petitioners, who are members of civil society groups under the banner of Kura Yangu, Sauti Yangu, to attract foreign financing.

“This petition has nothing to do with public interest litigation. It is a powerful and innovative proposal for donor funding,” said Mr Abdullahi.

He also argued that the petitioners do not constitute a “person” in the sense outlined in the Constitution and their refusal to participate in the polls meant they should not have challenged the outcome.

READ: Raila rubbishes Uhuru poll win

Rule of law

But Ms Julie Soweto for the petitioners said they moved to court to protect the rule of law and the constitution. She said the electoral body breached so many procedures rendering the poll invalid.

Mr Benjamin Musyoki for Mr Mwau also urged the court invalidate the petition saying that the commission failed to subject candidates to fresh nominations as required by law.

Mr Kamau Karori for the Independent Electoral and Boundaries Commission (IEBC) said there was no requirement for fresh nominations and the commission made all its decisions guided by the constitution and the law.