December 18th 2017

Top Stories / 2017 Elections

Uhuru renews attacks on Supreme Court, says Kenyans should thank him for peace

He told Justice Maraga that the judgment does not fit within the meaning or spirit of the Constitution. The Head of State expressed anger with the Maraga’s team after the CJ said they will not hesitate to nullify presidential election if it is not conducted as provided by the law.

By Free Press Reporternewsdesk@kenyafreepress.comThursday, 21 Sep 2017 20:23 EAT

Uhuru Kenyatta addressing Pastolist leaders from State House.

President Uhuru Kenyatta has fiercely hit out at the Supreme Court’s decision to nullify the August 8 presidential election in which he was declared the winner. He termed the ruling as a "a coup by four dictators" sitting in the Supreme Court. The President railed against the ruling, saying the judges did something that was "not contemplated in the constitution."

He said the spirit of the constitution was that judges could not "take away the democratic rights that are guaranteed within the constitution from the people." He added, “No single individual or group of people will quench the voice of the people of Kenya”.

He however stated that “We will not make our voice heard through violence but through the box” while stating clearly that the ruling was dangerous, and right now, if he was a peace-loving person, "we would be talking of something else in Kenya."

The President termed the majority decision in the full judgment delivered by Supreme Court Judges led by Chief Justice David Maraga yesterday as judicial dictatorship that had robbed Kenyans the power of decision making.

“This was a coup…I must call it what it is. This is a voice of a few, who on their own decided they can choose a leader for the majority of Kenyans. If this is not dictatorship, I don’t know what it is,” he said.

He said all the gains of the Constitution promulgated in 2010 was overturned by the judgment, which has allowed a few people to lead over the majority.

“The judgment has shown the voice of the people matters no more. What matters is the voice of a few people, who arrogate to themselves powers they don’t have,” he said.

The Constitution, he said had entrenched democratic values, devolution and conferred on the people basic rights and freedoms and curtailed the power of the president to do as he pleased.

“In a free country source documents best express people will, but the judges refused to look at them. They are lucky they are dealing with a polite man, who respects the constitution and is not interested in seeing Kenyans fight,” he said.

He told Justice Maraga that the judgment does not fit within the meaning or spirit of the Constitution. The Head of State expressed anger with the Maraga’s team after the CJ said they will not hesitate to nullify presidential election if it is not conducted as provided by the law.

“They say numbers don’t matter but they refused to look at the important documents, which is the only way to determine the expression of people’s sovereign will,” he said.

He said the judges should have ordered a recount of the ballots if they were genuine in their push for justice.

When delivering the judgment yesterday Chief Justice David Maraga, DCJ Philomena Mwilu, Isaac Lenaola and Smokin Wanjala favoured the nullification of the Presidential election while Jackton Ojwang' and Njoki Ndung'u dissented.

Justice Maraga who read the majority judgement, directed IEBC to put in place a complementary system for the fresh vote as previous elections had "enormous illegalities and irregularities".

The court's president said the electoral agency should go back to the drawing board before NASA Chief Raila Odinga and President Kenyatta vie again. The election has been scheduled for October 17 but this could change.

In her address, Deputy Chief Justice Philomena Mwilu said the electoral agency's system was infiltrated and data contaminated. She further noted the election is a process, not an event, whose conclusion cannot be without a showcase of the steps.

Ojwang' said he dissented the annulment of the election as the respondents did not contravene any provisions of the constitution or any other statutes.

The judge argued that during hearings, arguments by petitioners were anchored on bare generalities, not factual evidence.

Ndung'u said most judges based their petition ruling on Article 83 of the Elections Act which ignored the sovereignty of the people.

She said as much as the judges critically looked at provisions of Articles 81 and 86 of the constitution, they did not consider those of Articles 82 and 83 which are fundamental to an election process.

The president told the leaders from northern Kenya to support his bid and prove to the judges that no person has the power to overturn the will of the people.

He reiterated that he respects the court decision, saying repeat elections should be held within 60 days.

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