Court cases against the presidential petition dismissed by the legislators.
The Azimio la Umoja, filed a presidential petition on Monday. This is after the leader, Raila Odinga declared the presidential results null and void.
However, certain politicians came on board with court cases against the presidential petition.
The petition was filed by Silvanus Osoro, the outgoing Mugirango south constituency member of parliament and three other Kenyan voters.
Silvanus Osoro based his arguments on the fact that the supreme court of law declare a presidential winner. It is the work of the independent electoral and boundaries commission.
Osoro further stated that what the supreme court of law is mandated to do, is to validate if the elections were credible or not. Nothing beyond that.
Silvanus stated,”The Supreme Court sitting as an election court in presidential election disputes can only hold that the election results are valid or invalid and no more.”
Hon. Osoro in conjunction with the three other petitioners stated that the section 80(4) of the electoral constitution is not right.
Elections Act 80(4) stipulates that the supreme court is constitutionally allowed to issue an election certificate to a presidential winner.
Osoro further reprimanded the Kenyan parliament for mandating the supreme court to do the work of the independent electoral and boundaries commission.
He said,”I contend that Parliament overstepped on its mandate in clothing the Supreme Court (election court in presidential election dispute) with the power to direct IEBC.”
To his disappointment, the high court ruled against the former south Mugirango member of parliament. Judge Hedwig stated that the high court can not limit the powers of the supreme court.
Judge Hedwig said,”find under Article 140(2) of the Constitution, the Supreme Court hears the presidential election petition and gives a decision. It is not for this court to direct the Supreme Court on what to do or not do.”