High court dismisses case seeking to stop Supreme Court from announcing the presidential winner
High court has dismissed a case seeking to stop Supreme Court from announcing the presidential winner in a case challenging election results.
On Wednesday, August 25, two petitions submitted by the Ruto’s allied MP, South Mugirango MP Silvanus Osoro, and three voters seeking to prevent the Supreme Court from announcing a presidential winner in the event of a re-count were dismissed.
The legislator in his petition said that the Supreme Court could only declare the presidential election results invalid and order a new election.
Osoro alongside Ashford Koome Mbogo, Michael Ochieng Asola, and Eric Githinji demanded that the High Court declares Section 80 (4) of the Elections Act unconstitutional, which allows an election court to direct the IEBC to issue a certificate of election to a president.
“The Supreme Court sitting as an election court in presidential election disputes can only hold that the election results are valid or invalid and no more,” noted Osoro.
“I contend that Parliament overstepped on its mandate in clothing the Supreme Court (election court in presidential election dispute) with the power to direct IEBC,” Osoro argued.
In her ruling, Justice Hedwig Ong’udi stated that the High Court has no mandate to limit the powers of the Supreme Court or govern its practices.
“I find under Article 140(2) of the Constitution, the Supreme Court hears the presidential election petition and gives a decision. It is not for this court to direct the Supreme Court on what to do or not do,” Justice Ong’undi declared.
Justice Ong’udi added that under Article 163 (3)(a) of the Constitution, the Supreme Court has exclusive original jurisdiction to hear and determine disputes relating to the election of the office of the President arising under Article 140.
However, following the ruling, the petitioners vowed to move to the Court of Appeal to challenge the verdict.
Nine petitions have been filed at the Supreme Court challenging the presidential election results announced by IEBC Chairman Wafula Chebukati who declared Willian Ruto as president-elect among the main petitioner Raila Odinga.
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Supreme Court Judge Isaac Lenaola explains why it’s hard to recount presidential votes
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Raila-Karua affidavits at Supreme Court detail how IEBC bungled the election way before voting day
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