Some key political leaders have now put their hopes in Supreme Court which is set to decide on their political careers. Will they really survive? Kenyans are waiting for judgments from the Supreme Court, which could end or revive political careers of eight governors and 16 legislators.
The politicians moved to the country’s top court after they lost their election petitions in the High and Appellate courts.
More than a year later since the 2017 General Election, eight governors and 16 legislators are yet to know their fate.
The governors who are fighting to keep their seats are: Mohamed Abdi Mohamud (Wajir), Alfred Mutua (Machakos), Martin Wambora (Embu), Tahim Twaha (Lamu), Cyprian Awiti (Homa Bay), Ndiritu Muriithi (Laikipia), Salim Mvurya (Lamu) and John Nyangarama (Nyamira).
Mr Mohamud’s seat was nullified last year by Justice Alfred Mabeya because of irregularities and because the governor allegedly did not possess a degree, a requirement for a governor’s position.
He appealed against the nullification but the Court of Appeal upheld the decision saying the governor failed to prove that he holds a degree.
He then moved to the Supreme Court and six judges of the court allowed him to table new evidence that he holds a degree and a master’s degree from Kampala University. Supreme Court judges said they will deliver their judgment on notice.
In Dr Mutua’s case, High Court Judge Aggrey Muchelule dismissed Ms Wavinya Ndeti’s petition but the Court of Appeal overturned the decision faulting the returning officer for using the wrong form.
Justices William Ouko, Mohamed Warsame and Gatembu Kairu said Dr Mutua’s election null saying the results were illegal and cannot be verified.
While defending his win in the Supreme Court, Dr Mutua said there was no finding by the trial court that the data was fraudulent, inflated or otherwise fictitious. He said all the forms were signed by among others, Wiper agents.
In Mr Wambora’s case, Justice William Musyoka nullified his election in February saying the vote recount and scrutiny, had unearthed various irregularities that compromised the integrity of the process.
But he moved to the Court of Appeal where judges William Ouko, Daniel Musinga, and Fatuma Sichale said the burden of proof was not discharged by Lenny Kivuti and therefore the High Court erred in invalidating Mr Wambora’s election.
Mr Kivuti moved to the Supreme Court seeking to overturn the decision.
For Mr Awiti, his election was challenged by his rival Joseph Oyugi Magwagwa. The High Court judge Joseph Karanja nullified his election on February 2018. Judges Philip Waki, Fatuma Sichale and Otieno Odek of the Court of Appeal upheld the nullification on July 19, forcing him to move to the Supreme Court.
Mr Awiti argued that the two courts ignored the scrutiny and recount of votes, which still put him ahead of his rival.
Former Lamu Governor Issa Timamy filed a petition disputing the election of Tahim Twaha as governor, but both the High Court and the Court of Appeal dismissed the case.
Mr Timany moved to the Supreme Court asking the court to nullify the election of his successor. He argued that there were irregularities unearthed by the partial scrutiny of election results forms, but which were ignored by the two courts below.
In Ndiritu Muriithi’s case, both the High Court and the Court of Appeal ruled thathe was validly elected and that petition by his rival Sammy Waity lacked merit.
Dissatisfied with the decision, Mr Waity moved to the Supreme Court.
Mr Walter Nyambati asked the the High Court to overturn Mr John Nyangarama’s election but Justice James Aaron Makau dismissed the case in February.
Mr Nyambati moved to the Court of Appeal and similarly dismissed the case. Mr Nyambati then moved to the Supreme Court.
In Salim Mvurya’s case, three Kwale voters seek to revive the case questioning how the case was withdrawn at the Court of Appeal.