Yesterday, Sylvanus Osoro, a South Mugirango MP, and three other voters asked the High Court to interpret the law governing the chairman of the Independent Electoral and Boundaries Commission’s (IEBC) competence to announce the results of presidential elections.
Michael Ochieng Asola, Eric Githinji, Osoro, and Ashford Koome Mbogo’s case, according to Justice Hedwig Ong’undi, cannot be taken into consideration by the High Court Constitution and Human Rights Division because it is not in possession of the required power.
“I come to the conclusion that the Supreme Court evaluates the presidential election proceedings and renders a judgement in conformity with Article 140(2) of the Constitution,” Ong’undi said after dismissing the petitions. This court lacks the ability to direct the Supreme Court’s course of action.
The petitioners disputed the Supreme Court’s authority to declare a presidential election winner.
They argued that the Elections Act’s Section 80(4), which allows an electoral court to order the IEBC to provide a certificate of election to a presidential candidate, is unconstitutional.
The complaint was dismissed on this ground by Justice Ong’undi in accordance with Article 163(3)(a), which states that
“the supreme court shall have exclusive original jurisdiction to hear and examine disputes relating to the election of the office of president arising under Article 140.”
According to Justice Ong’undi, “It is clear from the foregoing that the Supreme Court has a jurisdiction to deal with concerns or disputes related to presidential election.”
The Supreme Court has the authority, in accordance with the law whose interpretation the petitioners sought, to declare a presidential election winner and to order the electoral commission to issue a certificate of victory to a presidential candidate following a recount of the votes cast.
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