Full judgment annulling presidential poll out Wednesday

Supreme Court annulled presidential poll on September 1. FILE PHOTO | NMG
Supreme Court annulled presidential poll on September 1. FILE PHOTO | NMG  

The Supreme Court will Wednesday issue the full judgment on the petition that led to the nullification of the August 8 presidential election results.

In a notification on Tuesday, lawyers representing various parties in the case were informed that the decision would be delivered from 10am.

In a majority decision, the court nullified the re-election of President Uhuru Kenyatta, citing irregularities and illegalities in the transmission of results.

Chief Justice David Maraga, DCJ Philomena Mwilu, Justices Smokin Wanjala and Isaac Lenaola nullified the presidential election on September 1 and ordered the Independent Electoral and Boundaries Commission (IEBC) to conduct a fresh poll within 60 days as per the Constitution. 

The IEBC has already set October 17 as the date of the repeat poll but uncertainty is mounting on the date.

The National Super Alliance (Nasa) has said there will be no repeat election unless some changes are made at the commission.

Justices JB Ojwang and Njoki Ndungu dissented the petition filed by Nasa leader Raila Odinga.

According to Mr Odinga’s petition, the poll conducted by IEBC failed to meet the threshold set in the Constitution, the Elections Act and other election laws.

The judgment will be rendered amid petitions seeking the removal of Chief Justice David Maraga, his Deputy Philomena Mwilu and Justice Isaac Lenaola.