UHURU’s repeat election landslide win is by all means invalid and illegitimate - City Lawyer.

Uhuru Kenyatta will no doubt be declared president-elect by IEBC Chairman Wafula Chebukati. It is a race he ran alone. The inclusion of Raila Odinga and other candidates on the ballot paper does not sanctify an otherwise unconstitutional, unlawful and sham election.

The process’s legitimacy has been tainted by the boycott in opposition strongholds and attempts to project results to support Kenyatta’s August 8.2 million win despite low voter turnout.

The Constitution’s promulgation 10 years ago heralded a new dawn in governance and democracy, with emphasis on sovereignty of the people as the foundation for exercise of power.


A disputed presidential election in 2007 and the violent aftermath propelled the international community to intervene, restore order through a coalition government, initiate criminal proceedings at ICC against perpetrators of electoral violence, pursue truth justice and reconciliation and midwife the birth of a permanent legal framework for free and fair elections of the President.

The preamble to the Constitution recognises “the aspirations of all Kenyans for a government based on the essential values of human rights, equality, freedom, democracy social justice and the rule of law.”

The Constitution sets the basic foundation for a free and fair election as one conducted free from violence, intimidation, improper influence or corruption, by an independent body, transparently and administered in an impartial, neutral, efficient, accurate and accountable manner.

Uhuru’s election was invalidated for failure to meet these requirements. The court stated that it would nullify the repeat election if IEBC fails again. The poll has been conducted with election materials printed by Al Ghuriah, of the ‘dubious’ Forms 34A and 34B. Results were transmitted by OT-Morpho.

KIEMS servers were not opened. DCI and EACC have not reported on their investigations against IEBC staff. NASA’s irreducible minimum reform requirements were not met. Nothing changed to guarantee free and fair elections. Raila’s withdrawal automatically vacated the election.

A fresh election, preceded with party nominations in terms of the 2013 Supreme Court decision, was necessary. The High Court’s inclusion of Ekuru Aukot and all candidates who participated in the invalidated poll was based on an erroneous interpretation of the law.
The High Court has no power over matters relating to...

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