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Monday D-Day for Supreme Court ruling

Chief Justice David Maraga, with Deputy Chief Justice Philomena Mwilu at the Supreme Court on November 14. PHOTO | JEFF ANGOTE
Chief Justice David Maraga, with Deputy Chief Justice Philomena Mwilu at the Supreme Court on November 14. PHOTO | JEFF ANGOTE 

If it were up to the Attorney- General Prof Githu Muigai, the electoral commission would have been awarded a medal for its conduct of the disputed October 26 repeat presidential election.

That was Prof Muigai’s summation in his submissions to the Supreme Court on the poll petition whose hearing ended Thursday evening.

The six-judge Supreme Court Bench has until Monday to deliver its verdict, which could either return Kenyans to the polls or set the stage for the swearing in of President Uhuru Kenyatta for a second term.

The first petitioner, John Harun Mwau, had in his filings said the Independent Electoral and Boundaries Commission (IEBC) violated the law by failing to allow political parties to conduct fresh nominations and IEBC to receive such nominations, noting that failure to carry out fresh nominations undermined the conduct of the poll.

He further defended IEBC in the way it conducted the process saying that in carrying out the process it obeyed the law and complied with the Supreme Court order on fresh election delivered on September 1.

Mr Kenyatta’s lawyers capped their submissions by attacking the character of the petitioners, saying they had not voted and therefore should not be allowed to challenge the outcome of a process they refused to participate in.

In their reply to the claims made by the three petitioners, the lawyers dismissed the move by the petitioners Njonjo Mue and Khelef Khalifa as one which is motivated by the desire to attract donor funding and that the alleged low turnout cannot be used to challenge the legitimacy of the president because voting is not compulsory.

Lawyer Ahmednasir Abdulahi characterised the petition as part of a bid by the petitioners, who are members of civil society groups under the banner of Kura Yangu, Sauti Yangu, for foreign financing.

Prof Muigai said the IEBC had done a stellar job in the face of a relentless onslaught from the National Super Alliance, even after its presidential candidate, Raila Odinga, withdrew from the race.

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