Why Justices Ndung’u, Ojwang ruled against presidential petition

The seven-judge bench prepares to hear NASA's petition challenging the presidential election results at the Supreme Court, August 26, 2017. /JACK OWUOR

Four judges ruled in favour of NASA’s petition challenging the presidential election results, while two – Njoki Ndung’u and Jackton Ojwang – ruled against.

The two were among the seven-judge bench that was hearing the petition since last Saturday.

Ndung’u ruled against NASA saying their submissions were greatly based on the electronic transmission of the results but did not challenge the results declared at the polling stations.

She said the High Court had previously ruled that results declared by the returning officer at any polling station would be final.

“It is worth noting that NASA did not challenge results of polling stations. In any election, there must be challenges and there were challenges but none of them occurred deliberately and in bad faith,” she said.

However, the High Court ruled that results announced at the constituency level would be final.

Ndung’u also said to her judgment, the election was conducted in accordance with the law.

She said it was not logical for Raila Odinga’s coalition to protest against results on forms 34A and 34B without challenging the results declared at the polling stations.

“To me, the petitioner did not present standardised evidence to prove the will of the voters were grossly violated to guarantee invalidation of the election,” she said.

Ojwang on his side said NASA’s submissions were limited to a number of contentions.

He said the submissions hardly proved conclusive evidence adduced to the illegalities and irregularities in the electoral process but based on general attributions.

Both Ndung’u and Ojwang said they will issue a detailed ruling within 21 days.

Leaders have asked Kenyans not to castigate those who ruled against NASA’s petition saying they were exercising their right.


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