Ruling on presidential petition set for Monday 10am

Chief Justice and president of the Supreme Court David Maraga (C) with fellow judges (from L) Njoki Ndung'u, Jackton Ojwang', Philomena Mwilu, Mohamed Ibrahim, Smokin Wanjala and Isaac Lenaola take their positions at the commencement of the pre-trial conference of the presidential election petition at the Supreme Court in Nairobi on August 26, 2017. Photo/Jack Owuor
Chief Justice and president of the Supreme Court David Maraga (C) with fellow judges (from L) Njoki Ndung'u, Jackton Ojwang', Philomena Mwilu, Mohamed Ibrahim, Smokin Wanjala and Isaac Lenaola take their positions at the commencement of the pre-trial conference of the presidential election petition at the Supreme Court in Nairobi on August 26, 2017. Photo/Jack Owuor

The ruling on the presidential petition has been scheduled for tomorrow Monday 10am, Supreme Court registrar has said.

The ruling which comes amid high tension across the country will determine whether the presidential election will be nullified for a second time of whether incumbent president Uhuru Kenyatta will be granted the victory ahead of his swearing in set for November 28.

The six Judge bench of the Supreme Court last week presided over submissions from all the parties before retreating on Thursday.

Enactment of the Amendment to the election laws and whether it had any impact on the October 26 election is one of the key factors the judges will consider as petitioners had argued the amendment would have grave impact on the repeat election.

The Withdrawal of NASA leader Raila Odinga and if the move had an impact will also be put to radar by the judges.

Failure to conduct fresh nominations for presidential candidates and failure to conduct polls in 25 constitutes is also another key aspect that the judges will be critically looking at.

The Petitioners Harun Mwau-former Kilome MP, Activist Njonjo Mue and a voter Khelef Khalifa had also asked the Court to nullify the election on grounds that there was low voter turnout and violence in some areas that saw the election not conducted.

The respondents in the petition include the electoral agency IEBC, its chairman Wafula Chebukati and Uhuru Kenyatta.

Chief Justice David Maraga on Tuesday last week said the Court will deliver its ruling on November 20 due to time limits and efforts to prevent a constitutional crisis.

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