September 21st 2017

Top Stories / 2017 Elections

Resonant Supreme Court ruling leaves Jubilee victors vulnerable to petitions

The counties whose governors’ win is suspicious include Garissa, Lamu, Narok, Kajiado, Machakos, Nairobi and Kwale. NASA lawyers may assist consolidate these cases and expose the Jubilee "majority" as a façade.Several leaders declared their intention to challenge their defeat in court.

By Phillip MuleeFriday, 01 Sep 2017 15:28 EAT

NASA supporters celebrate the ruling in Nairobi.

Opposition supporters celebrated the Supreme Court ruling nullifying President Uhuru Kenyatta's re-election with pomp and dance that began right inside the court chambers. Mbita MP Millie Odhiambo, a member of the NASA team of lawyers who was seated just metres from the judges, broke down in tears as Chief Justice David Maraga read his ruling.

Outside the court building, hundreds of other supporters of former Prime Minister Raila Odinga did not wait for the final judgment to open the Champaign bottles, and scenes of ecstatic funs were reported all over Kenya from the coastal cities of Mombasa, Malindi, Kwale and Voi to Ukambani, Narok, Bomet and the western bastion of NASA including Kisumu, Kisii, Keroka, Siaya, Rongo, Kakamega, Webuye, Luanda, Mbale and Kitale towns.

The ruling sent alarm within the Jubilee establishment, where it was seen as opening doors for more petitions in all other elective posts from governor down to Member of the County Assembly. And if the pending petitions prove that the winners won in a fraudulent process, then within the 60 days many would be nullified through similar evidence that made the Supreme Court nullify Uhuru's re-election.

Outgoing Embu Senator Lenny Kivuti has already petitioned the re-election of Martin Wabora as governor and many others are lined up to challenge their defeat in court. Should the Supreme Court ruling set a precedent it will present a golden opportunity for NASA to overturn Jubilee's assumed majority in Parliament and in several county governments owing to controversial results declaration in the August 8 election.

According to documents submitted to Supreme Court, more than 100 Forms 34B from constituencies where NASA disputed the results, the election was fraught with anomalies that have now been ruled unacceptable for the result to be fair. It is therefore suspected that about 10 Jubilee-aligned governors could have won through “a computer generated process”.

The counties whose governors’ win is suspicious include Garissa, Lamu, Narok, Kajiado, Machakos, Nairobi and Kwale. NASA lawyers, therefore, can assist consolidate these cases and expose the Jubilee "majority" as a façade.Several leaders declared their intention to challenge their defeat in court. 

Former Yatta MP Francis Mwangangi who lost to ex-area legislator Charles Kilonzo (Independent) welcomed the ruling and said he would challenge his defeat in court. “The people entrusted with the responsibility of supervising & conducting elections in Kenya should always do their work fairly, professionally and in accordance with the Kenyan law!!

“Yatta Constituency voters, God willing, let's meet in High Court next week where we will be seeking nullification of Yatta parliamentary election results! People whether political candidates, leaders, those supervising elections or voters themselves who perpetrated electoral malpractice should have their names removed as voters....PERIOD!!"

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