Tuesday, September 27, 2022 – The Supreme Court of Kenya has revealed why it didn’t declare Raila Odinga the winner despite alleged compelling evidence.
In a detailed ruling regarding the August 9th General Election where President William Ruto was declared winner, forcing Raila to seek redress at the Supreme Court, the Apex court disclosed that it has no jurisdiction to declare a presidential winner in the event a presidential petition stands nullified.
On the same wavelength, the Martha Koome-led court also admitted that it couldn’t remove IEBC Chairman Wafula Chebukati from office because it has no powers to do so.
According to the highest court in the land, there is no law permitting them to declare the removal of an IEBC chairperson from office.
The Supreme Court noted that they can only dismiss a presidential petition, invalidate a declaration made by the IEBC on the results and declare the results of a presidential election valid or invalid.
“The Court may make an order of dismissing the petition, but not declaring a winner,” the judges ruled.
“In a strict sense, therefore, there are the only orders that the court may make under the constitution. Accordingly, this court can neither remove nor declare him unfit to hold public office as prayed by the first and second petitioners,” the judgment further stated.
Raila and his running mate, Martha Karua, were first and second petitioners in the presidential petition.
The Kenyan DAILY POST.