'Maajabu haya': Supreme Court will not silence Kenyans - Uhuru

President Uhuru Kenyatta addresses his supporters at Burma market after his election win was declared invalid by the Supreme Court in Nairobi, Kenya, September 1, 2017. /REUTERS
President Uhuru Kenyatta addresses his supporters at Burma market after his election win was declared invalid by the Supreme Court in Nairobi, Kenya, September 1, 2017. /REUTERS

President Uhuru Kenyatta "has seen wonders in this world" because of the Supreme Court and "ai...ai...ai..." he is so shocked.

The President said this on Thursday when he hosted North Eastern leaders at State House in Nairobi.

He was talking about the details of the Supreme Court judgement that nullified his re-election in the August 8 race against NASA chief Raila Odinga.

The judges dug deep into their determinations in lengthy sessions at the court on Wednesday.

Uhuru said: "We have reversed everything in this country just by the decision of a few people. Mimi nimesikia maajabu lakini (I have heard wonders)...things that Kenyans refused when they voted for the new constitution...ai...ai."

The Jubilee Party boss said what transpired at the top court has never been witnessed anywhere in the world.

"Sisi kama taifa tumeonyeshwa maajabu ambayo hayajawahi onekana katika nchi yoyote inayo democracy

duniani.

Kura imefanywa na watu wanne pale kortini (As a country we have been shown wonders that have never taken place in any democratic country across the world. The vote was by four people at the court)," he said.

"Eeee, mimi nimesikia maajabu, wenzangu. Yani sisi sote hatuna haki (I have heard wonders, my people. It is as if we all don't have rights)."

Chief Justice David Maraga, DCJ Philomena Mwilu, Isaac Lenaola and Smokin Wanjala favoured the nullification while Jackton Ojwang' and Njoki Ndung'u dissented.

Mohamed Ibrahim fell sick during the hearings.

IEBC DIRECTIONS

The President said the decision

of the Supreme Court was not in the spirit of the new constitution.

"It is

a very sad story..we are here, happy with the constitution yet others are busy overturning it," he said and noted

Kenya instilled

democracy so overruling the people's rights is a thing of the past.

The President continued:

"...[ni kama] sauti ya people ni ya watu wachache ambao wako na nguvu ya kuamua (It seems the voice of the people is that of a few people who have the power to make decisions). Wenzangu, ukisikia mtu akisema

(My people, when you hear someone saying)

numbers do not matter but the process...,"Uhuru said.

"Hakuna mwenye atazima sauti ya wakenya...na sisi hatutafanya hivyo kwa vita....hatutafanya hivyo kwa kupigana na wenzetu...tutafanya hivyo kwa kupiga kura."

Uhuru further asked the IEBC to outline measures they have taken ahead of the October vote.

"Sisi tunataka IEBC ituambie ni mikakati gani wameweka na watuambie ni siku gana tutapiga kura (We want the IEBC to tells us the measures it has put in place and when we will vote)."

'ILLEGALITIES AND CHERRY-PICKING'

During the session, Maraga read the majority judgement, directed IEBC to put in place a complementary system for the fresh vote. as

previous elections had "enormous

illegalities and irregularities".

The court's president said the electoral agency should go back to the drawing

board before NASA chief Raila Odinga and President Uhuru Kenyatta vie again.

The election has been scheduled for October 17 but this could change.

In her address, Mwilu said the electoral agency's system was infiltrated and data contaminated. She further noted

the election is a process, not an event, whose conclusion cannot be without a showcase of the steps.

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Ojwang' said he dissented the annulment of the election as the respondents did not contravene any provisions of the constitution or any other statutes.

The judge argued that during hearings, arguments by petitioners were anchored on bare generalities, not factual evidence.

Ndung'u said most judges based their petition ruling on Article 83 of the Elections Act which ignored the sovereignty of the people.

She said as much as the judges critically looked at provisions of Articles 81 and 86 of the constitution, they did not consider those of Articles 82 and 83 which are fundamental to an election process.

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