In Summary
  • A six-judge bench on Friday declared that the electoral body messed up transmission of poll results.

The judgment by the Supreme Court on the presidential results petition has put the Independent Electoral and Boundaries Commission at the mercy of candidates who lost in the elections.

A six-judge bench on Friday declared that the electoral body messed up transmission of poll results.

Legal experts on Friday argued that Chief Justice David Maraga’s judgment will set precedence for hundreds of similar petitions at the lower courts.

CASE LAW
Lawyer Gordon Ogolla said the candidates who contested various seats were waiting to hear what the court would decide before lodging their appeals.

According to Mr Ogolla, the judgment poked holes in almost all the stages of the electoral process, giving other candidates a reason to think they lost unfairly and thus head to the court and use those grounds to protest their loss.

Another lawyer Steve Biko Osur echoed Mr Ogolla’s sentiments, saying that the courts will be filled with petitions referencing the Supreme Court ruling.

LEGAL FEES
Mr Biko said it will be a difficult time for IEBC as it battles court cases.

The lawyer, who confirmed having received at least 20 complaints, said the ruling is going to have a ripple effect.

“As long as they put up a strong case against the IEBC, the courts will have no other option than to grant their petitions,” Mr Biko said.

He added that the commission will have to deal with the costs of the suits if the petitioners will demand for the same.

JUSTICE
Meanwhile, Nasa officials in Nakuru welcomed the move by the Supreme Court to nullify the victory of President Uhuru Kenyatta.

Led by the branch coordinator Hilton Abiola, they said the decision was a victory to all Kenyans across the political divide.

“This victory is not for Nasa alone but for all Kenyans irrespective of their political affiliations as it has set a good precedent on how to conduct a free and fair presidential election,” Mr Abiola said.

RESTRATEGISE
At the same time, Mr Abiola said this is now an opportunity for Nasa presidential campaign secretariat to up their game and put their house in order by training their agents and making good preparations by setting up enough funds to pay the agents.

“Truth be told, in Nakuru County we had poor preparations and unless we rectify these mistakes we should not blame anybody in the return polls,” Mr Abiola said.

He said it is also an opportunity for parties to put their houses in order.

Additional reporting by Francis Mureithi