The Supreme Court has rejected a case that sought to reverse the September 1 judgment that annulled the August 8 presidential polls.
Justice Isaac Lenaola, while dismissing a petition filed by Jackson Ndegwa and Edwards Kings on Monday, said they were strangers to the issues before the court so the orders could not be granted.
“The applicants are strangers to the petition which they seek to void. Unless they had been properly enjoined to it, their patriotic attempt at invalidating the petition and voiding its judgement must fail.”
Ndegwa and Kinga had said the Supreme Court judgment infringes, oppresses and violates the freedom and their rights.
They duo, while seeking to have the court overturn the judgment, claimed it originated from flawed and incompetent proceedings.
It was also their contention that the petition by NASA candidates Raila Odinga and his running mate Kalonzo Musyoka was invalid because it failed to comply with section 35 of the Advocates act .
The duo had also told the court that the repeat poll held on October 26 was a huge burden to an already battered economy. They argued further that the Sh14 billion set aside for the re-run could have been channeled to other projects such as education and health.
The case was initially rejected by Deputy Registrar Daniel ole Keiwua when they appeared before him on September 18.
But the two appealed against the decision before Lenaola, who allowed them to make oral submissions after Raila and other parties failed to respond.
“Our case raises very serious constitutional issues and legal principles and the move by the registrar to reject the case is a violation of the constitution in Articles 1, 3-1, 10, 22, 35 and 159,” Ndegwa told the judge.
But justice Lenaola said while the rights to a fair hearing, access to justice and fair administrative action are the bedrocks of the judicial system, the same cannot be enjoyed in a procedural vacuum.
“The decision of the deputy registrar, rejecting the applicant’s notice of motion, is hereby affirmed.”
The apex court, by a majority decision, nullified the August 8 presidential election citing irregularities and illegalities in the transmission of results.
Chief Justice David Maraga, DCJ Philomena Mwilu and justices Smokin Wanjala and Isaac Lenaola said IEBC failed to conduct the poll in line with the constitution and election laws, making room for a repeat election within 60 days.
Justices Jackton Ojwang’ and Njoki Ndung’u dissented.
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