I expect a pretty good election petition as Azimio moves to the Supreme Court to try to overturn the outcome of the presidential poll. I also expect a very good job to be done by those who have been given the responsibility of determining the petition.
Under the Constitution, the Supreme Court has exclusive jurisdiction to determine whether a presidential election is valid or not.
It depends on the petition that is before it. The judges take an oath to discharge their duties. If the evidence before the court is sufficient to support the invalidation of the election, the judges would violate their oath of office if they fail to do so.
Similarly, if there is not sufficient evidence, then the election should be upheld. There are things that must happen; facts and evidence must be presented.
It is a fact that in many areas, there was an incredibly low turnout but the final tally showed there was significant number who voted. Those going to court therefore must ask for an inquiry pursuant to their case. Whatever is found, we will know it.
The reading of the final outcome was a very sad day. Results of 28 constituencies were not announced to the people of Kenya. There was also acrimony among the commissioners who disowned the presidential result.
Therefore, people are asking whether the process was complete when results were announced.
It will be the first time in the history of presidential election petitions that the majority of election commissioners do not agree that the results read were those of the whole commission. We may have a situation whereby some commissioners will disown the results in the court. This is a very big and unique issue.
There are also people who voted manually and Kenyans do not how many they were. That figure needed to be included before the percentage was calculated.
As things stand, before even going to the polling stations to look at the problems there, it is already bad enough.
Lawyer Kibe Mungai spoke to the Star
(Edited by V. Graham)
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