High Court Judge dismiss two petitions seeking to bar Supreme Court from declaring winner of disputed presidential polls
The High Court has today dismissed applications seeking to stop the Supreme Court from declaring Raila Amollo Odinga the bona fide President-elect should a recount inevitably find that he won the August 9th election.
The Kenya Kwanza through Member of Parliament (MP) Sylvanus Osoro and three of their supporters had moved to the High Court where they argued that the Supreme Court can only invalidate a presidential election and order for fresh polls but not declare a winner.
However, Judge Hedwig Ong’udi found that the High Court does not have the authority to hear and determine the case as filed by Osoro and voters Ashford Koome Mbogo, Michael Ochieng Asola and Eric Githinji.
“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 said while striking out the petitions.
The group wanted Section 80(4) of the Elections Act declared unconstitutional.
Section 80(4) which give power to an election court to declare presidential election winner upon re-count of votes.
The act allows the Supreme Court to declare a new winner and order IEBC to issue a new certificate to the real winner.
They also sought an interpretation of the law on the powers conferred to the Independent Electoral and Boundaries Commission (IEBC) Chairman on declaration of presidential election results.
In dismissing the suit, Justice Ong’undi based her decision on provisions of Article 163,(3)(a) of the Constitution, which provides that “the supreme court shall have exclusive original jurisdiction to hear and determine disputes relating to the election of the office of president arising under Article 140 (of the Constitution).”
