Top court corrects errors in poll ruling

PHOTO | FILE  NATION MEDIA GROUP

By PETER LEFTIE pmutibo@ke.nationmedia.com
Posted  Sunday, May 19  2013 at  23:30

The Supreme Court has moved to correct errors in its judgment dismissing the petition by former Prime Minister Raila Odinga’s challenging President Kenyatta’s election.

The errors included quoting the wrong clauses in the constitution and wrong dates.

According to an order correcting the April 16 judgement, paragraph 8 of the judgement should read Article 136 (b) of the constitution and not Article 36 (b) while paragraph 203 of the Judgement should read Article 138 (4) of the Constitution and not Article 38(4).

It also says that in paragraphs 27, 266 and 285 of the Judgement, the phrase “Constitutional Court of Seychelles” should read “Court of Appeal of Seychelles.”

The order adds that paragraph 290 of the Judgement to read “Article 138 (8) (b) and not “Article 138 (1) (b).” while paragraph 177 of the Judgement to read “27 August, 2010” and not “27th October, 2010”

In the order signed by the President of the Supreme Court and judges Smokin Wanjala, Jackton Ojwang, Philip Tunoi, Njoki Ndung’u and Mohamed Ibrahim the court clarified the petition by The National Alliance (TNA) activists Moses Kuria, Dennis Itumbi and Florence Sergon had argued that the IEBC had erred by including spoilt votes in the final tally of presidential votes, reducing President Kenyatta’s total votes contrary to Section 136 of the constitution.

The court also clarified that the petitioners in the suit led by Mr Odinga had to prove that Mr Kenyatta did not get more than half of the total votes cast in the March 4 election and that he also failed to get 25 per cent of the votes cast in at least 24 of the 47 counties.