By Njeri Kimani, editorial@alleastafrica.com
NAIROBI – President Uhuru Kenyatta will be sworn in on November 28th if the Supreme Court upholds his win in the October 26th poll.
On Wednesday, the court issued a directive to the Independent Electoral and Boundaries Commission (IEBC) to issue all the original forms 34A, 34B and a certified copy of the voters register to all the petitioners challenging his October 26 win.
Chief Justice David Maraga gave the petitioners up to Thursday afternoon to table a report on their findings from the return.
President Uhuru and IEBC’s lawyers had opposed the request, claiming it would be prejudicial. They pointed out that some of the documents requested for had already beenissued to the petitioners and the court.
On Tuesday night, the Supreme Court blocked some parties, including the National Super Alliance (NASA) and Jubilee Party from the hearing of the ongoing court case. They further directed thepetitioners not to refer on NASA during the hearing of the case.
The six judges, including Justice Njoki Susanna Ndung’u, Judge Smokin Wanjala, deputy Chief Justice Philomena Mwilu, Chief Justice David Maraga, Judge Jackton Ojwang and Judge Isaac Lenaola have six judges have until November 20 to rule on the two petitions.
In the first case, Njonjo Mue and Khelef Khalifa accused the IEBC of failing to conduct a fresh election in accordance with the dictates of the constitution. Mr. Mue cited that proceeding with the elections had deprived NASA an opportunity to replace their flag bearer to face off the other seven candidates who were vying for the seat.
In the second petition businessman, veteran politician who is also a former assistant minister Harun Mwau has accused the IEBC of failing to subject the candidates to fresh nominations, claiming that the poll should have been avoided.
In his argument, Mwau claims that the withdrawal of NASA Principal and The Opposition flag bearer RailaOdinga from the case meant that the poll was void.
The two court cases have raised tension in the country especially sincethe Supreme Court, in a first of its kind, annulled the August 8 presidential election because it was not conducted in accord with the Constitution and the applicable law.
The court further argued that the election was flawed and full of irregularities.
Kenyatta’s team is being led by lawyers FredNgatia, Ken Ogetto, Katwa Kigen, Tom Macharia and Kimani Kiragu among others.
Nasa is represented by Paul Mwangi while Njonjo Mue and Khelef Khalefa case is being led by Julie Soweto and Harun Ndubi as their lawyers.
Kenyatta had earlier on appealed to the opposition to work with the government instead of going to court.
