The Supreme Court of Kenya has disclosed that it has no jurisdiction to declare a presidential winner in the event a presidential petition stands nullified.
In a detailed Supreme Court ruling of a petition filed by Azimio leader Raila Odinga and six others, the Supreme Court also noted that there is no law permitting them to declare the removal of an IEBC chairperson from office.
The Supreme Court noted that they can only dismiss a presidential petition, invalidate a declaration made by the IEBC on the results and declare the results of a presidential election valid or invalid.
“The Court may make an order of dismissing the petition, but not declaring a winner,” the judges ruled.
The detailed judgement also divulged that the Supreme Court can also issue an order on payment of costs and give any other directions it deems fit and just in the circumstances.
“In a strict sense, therefore, there are the only orders that the court may make under the constitution. Accordingly, this court can neither remove nor declare him unfit to hold public office as prayed by the first and second petitioners,” the judgement further stated.
Raila and Karua were first and second petitioners in the presidential petition.
The revelations form part of their response to prayers tabled by the Azimio team.
Among others, Raila and six others had asked the court to declare IEBC chair Wafula Chebukati unfit to hold office and at the same time declare the opposition chief the winner if it finds that the election was invalid, null and void.
The Supreme Court, however, dismissed the petition unanimously in all 9 issues it had listed for determination upon hearing of the case.
The court ruled that President William Ruto was validly elected President and that he met the constitutional threshold of 50 plus one required to declare one the winner.
By the star