Saturday, March 30, 2013

Supreme Court Upholds Kenyan Election

Saturday in Kenya, the Supreme Court of the country, upheld the results of the March 4, 2013 elections.

Kenyatta had received 50.07 % of the vote, winning the election and narrowly avoiding a run-off with his rival, Raila Odinga. Odinga contested the validity of the election process and results in court.

Chief Justice Willy Mutunga said the court had agreed unanimously that the election had been conducted "in compliance with the constitution and the law" and the result was valid.

The following is the court order:


REPUBLIC OF KENYA
IN THE SUPREME COURT OF KENYA AT NAIROBI
(Coram: Mutunga CJ, Tunoi, Ibrahim, Ojwang, Wanjala, Njoki SCJJ)
PETITION NO. 5 OF 2013
RAILA ODINGA …………………………………………1ST PETITIONER
MOSES KIARIE KURIA)
DENIS NJUE ITUMBI)…………………………………….2ND PETITIONER
FLORENCE JEMATIAH SERGON )
GLADWELL WATHONI OTIENO )
ZAHID RAJAN )…………………………………………3RD PETITIONER
AND
INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION ………….1ST RESPONDENT
AHMED ISSACK HASSAN …………………………………..2ND RESPONDENT
UHURU KENYATTA ……………………………………….3RD RESPONDENT
WILLIAM SAMOEI RUTO …………………………………..4TH RESPONDENT
AS CONSOLIDATED WITH PETITION NO. 3 OF 2013
MOSES KIARIE KURIA ……………………………………1ST PETITIONER
DENIS NJUE ITUMBI …………………………………….2ND PETITIONER
FLORENCE JEMATIAH SERGON ………………………………3RD PETITIONER
VERSUS
AHMED ISSACK HASSAN …………………………………..2ND RESPONDENT
INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION ………….1ST RESPONDENT
AND
CONSOLIDATED WITH PETITION NO.4 OF 2013
GLADWELL WATHONI OTIENO ……………………………….1ST PETITIONER
ZAHID RAJAN ………………………………………….2ND PETITIONER
VERSUS
AHMED ISSACK HASSAN …………………………………..2ND RESPONDENT
UHURU KENYATTA ……………………………………….3RD RESPONDENT
WILLIAM SAMOEI RUTO …………………………………..4TH RESPONDENT
ORDER OF THE COURT
1. After extensive deliberations, we are happy to announce the Supreme Court has reached a unanimous decision on all the four issues that fell for determination in presidential election Petition No. 3, 4 and 5 as consolidated.
2. The following is the unanimous decision of the court:
(i) As to whether the presidential election held on March 4th 2013, was conducted in a free, fair, transparent and credible manner, in compliance with the provisions of the Constitution and all relevant provisions of the law; it is the decision of the court that the said elections were indeed conducted in compliance with the Constitution and the law.
(ii) As to whether the 3rd and 4th Respondents were validly elected and declared as President elect and Deputy President elect of the Republic of Kenya respectively, by the Second Respondent in the presidential elections held on the 4th March 2013; it is the decision of the court that the 3rd and 4th respondents were validly elected.
(iii) As to whether the rejected votes ought to have been included in determining the final tally of votes in favour of each of the
Presidential candidate by the 2nd Respondent; it is the decision of the court that such rejected votes ought not to have been included in calculating the final tallies in favour of each presidential candidate.
(iv) As to what consequential declarations, orders and reliefs, that this honourable court ought to grant based on the above determinations, the following are the orders of the Court:
a. Petition No.5 of the consolidated petitions is hereby dismissed.
b. Petition No. 4 of the consolidated petitions is hereby dismissed.
c. As to Petition No. 3 of the consolidated petitions, the prayer by the Petitioners seeking a declaration of recomputation of percentages by the 2nd Respondent is declined as the court as no jurisdiction.
d. Regarding orders as to costs, the Court orders that each party bears his/her/it’s own costs.
3. The detailed judgement containing the reasons for decision of the Court will be issued within two weeks from today.
4. Orders accordingly.
DATED and DELIVERED at NAIROBI this 30th March, 2013.
…………………………………………………
W.M. MUTUNGA P.K. TUNOI
CHIEF JUSTICE & PRESIDENT JUSTICE OF THE SUPREME COURT
OF THE SUPREME COURT
…………………………………………………
M.K. IBRAHIM J.B. OJWANG
JUSTICE OF THE SUPREME COURT JUSTICE OF THE SUPREME COURT
…………………………………………………
S.C. WANJALA N.S. NDUNGU
JUSTICE OF THE SUPREME COURT JUSTICE OF THE SUPREME COURT
I certify that this is a true
Copy of the original
REGISTRAR
SUPREME COURT OF KENYA


In responding to the court's decision, Raila Odinga said though he didn't agree with the decision, he would abide by it.  President-Elect Uhuru said that the order was a victory for all Kenyans who turned up to cast their votes on March 4, 2013.  He pledged that his government would work with, and serve, all Kenyans without regard to political affiliation or discrimination.

God bless Kenya.

Happy Easter Weekend to you all.

9 comments:

Denise said...

Yes, God bless Kenya. Have a very blessed Easter.

Kay L. Davies said...

Wishing Kenya well, and you, too, Penny.
Luv, K

Cindy said...

I'm so glad to hear that! I hope you had a good Easter. Hugs, Cindy

Anonymous said...

Penny,
Hope you had a blessed Easter! Happy Spring!

Diane said...

I hope they do all work together and make a go of it. After Zimbabwe I do not trust any elections in Africa any more! Hope you had a good Easter. Diane

Joyful said...

I can understand your feelings, Diane. I hope they work together in Kenya also. The situation is somewhat different than in Zimbabwe where the incumbent ruler has been in the position for too long. In the case of Kenya, neither of the two top contenders have been President before. I had a great Easter. I hope you did too!

Grandpa VanderBeek said...

I am happy that the court ruled fairly in their judgment that the elections were valid and legal and the results stand. I hope there will be peace in Kenya.

Pat said...

I'm re-posting the comment above with my name rather than my husband's! I didn't realize his name was logged in on the laptop.

I am happy that the court ruled fairly in their judgment that the elections were valid and legal and the results stand. I hope there will be peace in Kenya.

Joyful said...

LOL, no problem Pat! I am so glad that the court ruled as they did and hope that it will be the beginning of greater maturation in Kenya's young democracy. Thank you so much for your prayers for Kenya.

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