Supreme Court Rules Out An Application By AFRICOG

buy more about geneva;”>Reading the ruling, for sale Justice Ibrahim said that there is no application before the court concerning the register. The Court further said that such an application would have been granted if the petitioner obliged with the timelines.

The court agreed with the IEBC that it would be impossible for the court to beat the Saturday deadline if IEBC would take 10 days to deliver all marked voter registers to the court.

On Tuesday, Kethi Kilonzo argued that the court should not abide to technicalities to deny her the application.

Currently the main trial has begun with the determination of whether the rejected vote in the final tally was lawful. Three Jubilee supporters Moses Kuria, Dennis Itumbi (Blogger) and Florence Jematia petitioned to contest the inclusion of rejected votes in the final tally of the presidential poll. They are represented in court by Njoroge Regeru.


Counsel Regeru said Raila’s interpretation of the constitution on rejected votes is malicious. He argued that the Prime Minister through his party was using the rejected votes as a scapegoat to have the election to a run-off.

The counsel quoted article 259 of the constitution that the document must be interpreted in a purposive manner. Under article 259 of the 2010 constitution ‘This Constitution shall be interpreted in a manner that— promotes its purposes, values and principles; advances the rule of law, and the human rights and fundamental freedoms in the Bill of Rights; permits the development of the law; and contributes to good governance.’

The Attorney General Prof. Githu Muigai who is enjoined as an amicus Curiae explained his earlier decision and advice to the IEBC to include the rejected vote in the final tally saying that the law compels equal votes cast for all positions in a polling station.

“There must be a Universal application of law,” said Prof. Githu Muigai.

CORD lead counsel George Oraro said the argument is based on article 138 (4) which deals with the election of the president. It states that “A candidate shall be declared elected as President if the candidate receives— (a) more than half of all the votes cast in the election; and (b) at least twenty-five per cent of the votes cast in each of more than half of the counties.’

“ The constitution under article 138 (4) the law requires the commission a person to garner 50 per cent plus one vote of all votes cast, whether valid or not valid,” said George Oraro.

On its part Africog counsel Harun Ndubi disagreed with the Jubilee lead counsel Fred Ngatia saying that the constitution is the supreme law of Kenya and anything less or more is void.

“The jurisdiction of this court is vested on article 3 (a) and the petition before the court challenging the inclusion of rejected votes does not comply with article 140 and therefore it’s a matter meant for the court,” said Harun Ndubi.

Harun Ndubi said that every person has an obligation to respect, uphold and defend the Constitution. However, the matter before the court is misplaced and it’s not complying with article 140 which challenges the validity of the presidential elections.

He argued that the petitioners were basing their arguments on the repealed independence constitution which required the presidential candidate to garner at least 25 per cent of the total valid votes cast in five out of the eight provinces.

The IEBC defended the act saying it did not over look the other parties saying there was no dispute during the announcement and its subsequence implementation.

“The votes cast are counted, tabulated and the results announced promptly by the presiding officer at each polling station; the results from the polling stations are openly and accurately collated and promptly announced by the returning officer,” said the IEBC quoting the constitution article 86.

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