The Supreme Court has unanimously dismissed two consolidated petitions against President Uhuru Kenyatta’s re-election.
Six judges of the apex court on Monday upheld the October 26 repeat election after quashing the August 8 poll on September 1 after citing “irregularities and illegalities”.
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In a summary judgement read by Chief Justice David Maraga, the judges said the two petitions, filed by former assistant minister Harun Mwau and another by Njonjo Mue and Khelef Khalifa, were not merited.
Judge Maraga said a detailed decision would be issued within 22 days.
Dismissal of the two cases now paves way for Mr Kenyatta’s swearing-in for the second term on Tuesday next week.
While Mr Kenyatta’s arch-rival Raila Odinga did not challenge his win in court, the apex court’s decision leaves him in a tight situation amid mounting pressure from his supporters.
Mr Odinga, leader of the National Super Alliance (Nasa), has vowed not to recognise Mr Kenyatta’s victory and has embarked on an elaborate campaign for “electoral justice”.
Upon his return from 10-day US trip, which was marred by death and chaos, Mr Odinga announced the launch of what he termed “The Third Liberation.”
DEMOS
Jubilee leaders and lawyers who attended the short session left the Supreme Court and headed to Consolata Shrines for prayers.
The court decision was received with joy and celebration in Mr Kenyatta’s strongholds in central Kenya and the capital Nairobi.
Conversely, the judgement sparked violent demonstrations in Mr Odinga’s strongholds of Nyanza and Nairobi slums, with cars being torched in Kisumu.
Jubilee leaders praised the court’s judgment, with Majority Leader Aden Duale saying it had paved the way for President Kenyatta’s swearing-in.
And hours after the decision, preparations for the swearing kicked off, with the committee planning its first meeting on Monday afternoon.
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The 21-member Assumption of the Office of the President Committee said it would hold its first meeting at the 60,000-seater Moi International Sports Centre, Kasarani, where President Kenyatta and his deputy William Ruto will be sworn in.
The committee is chaired by Secretary to the Cabinet Joseph Kinyua and has the power to appoint sub committees to look at the various sections of the plan.
The work of the committee was stopped on September 1 when the Supreme Court invalidated President Kenyatta’s August 8 win and send Kenyans back to the polls on October 26, an election boycotted by opposition leader Raila Odinga, and won by Mr Kenyatta with 98 per cent of the vote.
The swearing-in ceremony, which will be presided over by the chief registrar of the Judiciary Anne Amadi in the presence of Chief Justice David Maraga, must happen not before 10am, and not after 2pm.