Two judges miss final ruling on NASA election petition

Judge Smokin Wanjala during hearing of presidential petition on 26 August 2017 at Supreme court.[Edward Kiplimo,Standard]

Two Supreme Court judges were absent when the final ruling on the presidential election petition was delivered on Wednesday.

Justice Smokin Wanjala was said to be out of the country while Justice Mohamed Ibrahim was hospitalised in the final days of the petition hearing and did not participate in the final determination.

“As you can see, we are five judges instead of six. This is because Justice Wanjala is out of the country,” said Chief Justice David Maraga.

The CJ said Mr Wanjala signed the judgement before travelling. He did not however disclose Wanjala’s destination or mission abroad.

Four judges voted in favour of the petitioner, National Super Alliance (NASA) presidential candidate Raila Odinga, who had sought an annulment of President Uhuru Kenyatta’s (Jubilee Party) election victory.

In the September 1 judgement, Maraga, his deputy Philomena Mwilu, Justice Isaac Lenaola and Wanjala ruled in favour of the petitioner as justices Njoki Ndung’u and Jackton Ojwang dissented.

The CJ led his colleagues into the courtroom at 10.30am yesterday. Raila and his running mate Kalonzo Musyoka were already seated.

“The judgements are quite long. We do not need to read the entire judgement. We will skip some and read some as counsels will get copies of the full judgement later,” said Maraga.

NASA’s lead counsel James Orengo introduced the petitioner’s team that included Rarieda MP Otiende Amollo, Busia Senator Amos Wako, Sihanya Ben, Anthony Oluoch and Jackson Awele.

Mr Orengo, who is also the Siaya senator, was followed by the electoral commission’s lead counsel Paul Muite, then the President’s lawyers led by Ahmednassir Abdullahi.

After Mr Muite and Mr Abdullahi introduced their teams, amicus curiae - Attorney General Githu Muigai and Stephen Mwenesi from the Law Society of Kenya also introduced themselves.

Justice Lenaola read the first part of the verdict before the dissenting views were read as Jubilee and NASA supporters camped outside the Supreme Court.

Police had been deployed in and around the court premises to ensure peace. Some roads near the court were also closed.