After the Supreme Court upheld his petition to nullify the election of President Uhuru Kenyatta and ordered a fresh one within 60 days, Mr Raila Odinga Monday condemned the Independent Electoral and Boundaries Commission and called for the prosecution of its commissioners.
Odinga says the IEBC should to be overhauled, saying his National Super Alliance (Nasa) nolonger have faith in the commission headed by Wafula Wanyonyi Chebukati. Odinga, 72, made his fourth attempt at capturing the top most seat in Kenya, having previously contested in 1997, 2007 and 2012.
“We have no faith at all in the electoral commission, they have committed criminal acts. Most of them actually “belonging to jail” and therefore we are going to ask for their prosecution,” Raila stressed.
Dissenting Justices Njoki Ndung’u and Jackton Ojwang’, however, held that the election was free and fair. CJ Maraga noted that what they read was a ‘determination of the court and not a ruling’. He added that the Court would give a comprehensive ruling in 21 days.
Supporters of the NASA (National Super Alliance) thronged the streets of Nairobi in celebration after the Supreme Court ruling. Police officers had a hard time dispersing the crowds that were chanting pro-NASA slogans and praising Maraga for the landmark ruling.
A six-judge bench this morning found that IEBC failed to conduct the polls according to the Constitution and Elections Act and that President Kenyatta was not validly elected on August 8.
“Elections is not an event but an process. After considering the totality of the entire evidence, we are satisfied that the elections were not conducted in accordance to the dictates of the Constitution and the applicable principles,” Chief Justice David Maraga said while delivering the majority decision of the court.
The judges ordered fresh elections in 60 days.
The landmark ruling sets a precedent as the first on the African continent. Chief Justice Maraga said the judges would be able to demonstrate why they reached their decision.
At least two judges ruled that the election result should stay. Justices Jackton Ojwang and Njoki Ndung’u dissented while another judge, Mohammed Ibrahim, fell ill on the second day of the case hearing and did not take part in the decision because he is still in hospital.