Maraga upholds election, Uhuru to be sworn-in on November 28

Supreme Court judges preside before delivering a ruling on cases that sought to nullify the re-election of President Uhuru Kenyatta in October, November 20, 2017. /REUTERS
Supreme Court judges preside before delivering a ruling on cases that sought to nullify the re-election of President Uhuru Kenyatta in October, November 20, 2017. /REUTERS

The Supreme Court has dismissed two key petitions and

upheld President Uhuru Kenyatta's victory in the re-run on October 26.

One of the cases was filed by former Kilome MP Harun Mwau and the other by activists Njonjo Mue (International Commission of Jurists) and Khelef Khalifa (Muslims for Human Rights).

"The court has unanimously determined that the petitions are not merited," Chief Justice David Maraga ruled on Monday, after considerations by the six-judge bench. "The presidential election is upheld."

The full judgment will be delivered in 21 days. Maraga explained they could not do this today, and that the petitions were consolidated and heard together, due to time constraints.

"After the hearings of the petitions, we retired with only two days left to the deadline. It was impossible to write a full judgement," he said.

"What we [will] read today is a summary verdict on issues raised.

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The petitioners had asked the court to nullify the election on grounds of low voter turnout and violence in areas where the vote was boycotted.

The judges considered factors including

enactment of changes to election laws and its impact,

Raila's withdrawal and its effects, failure to conduct fresh nominations and failure to conduct polls in 25 constitutes.

Following a directive by the NASA chief, the election was mainly boycotted in Kisumu, Migori, Siaya and Homa Bay counties.

The repeat poll was ordered by the Supreme Court after it annulled the results of the August election, won by

Uhuru, over procedural irregularities.

IEBC declared

Uhuru the winner of the repeat

with 98 per cent votes after a turnout of 38.84 per cent.

Raila then announced his moves - a national resistance movement and people's assemblies - through which the opposition and its supporters will push for several reforms.

In last week's court proceedings, lawyers for both sides - those challenging the poll and those defending it - argued the country was on the brink and would "plunge into the abyss" depending on the court's ruling.

Violence has rocked several parts of the capital since the original August 8 election and the fear is a repeat of the 2007/8 violence that left at least 1,300 dead and more than 600,000 internally displaced.

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