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Monday, May 3, 2021 – High court Judge Said Chitembwe has criticized retired Chief Justice David for nullifying President Uhuru Kenyatta’s victory in 2017 due to irregularity and fraud.

Speaking during an interview for the position of the Judge of the Supreme Court, Chitembwe said he didn’t understand the reasoning of the majority of the Supreme Court judges in the nullification of the presidential election in 2017.

Judge Chitembwe hinted that he was convinced with the dissenting decision of Judge Njoki Ndungu in which she cross-checked all physical forms with complaints made and held that the election was conducted in accordance with the law.

He also wondered why the Supreme Court failed to handle the Wajir Governor academic qualification case by saying that issues should be dealt with by IEBC.

According to Judge Chitembwe, the court ought to have questioned the issue because it is given power under the law to check if a presidential candidate was nominated in accordance with law and has the right qualification.

He wondered why the court didn’t use that law to deal with the case in governors’ matters.

“If a Form Four drop out is cleared and vies for governor I don’t think my hands will be tied to ask him if he has a degree certificate and how he got it,” he said.

Also, he said judges should give well-reasoned decisions so that even those that have lost cases will not be left guessing but understand why.


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