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Two judges criticises court’s majority decision


Supreme Court judge Justice Jackton Ojwang claimed the nullified election was conducted in a credible manner and said the decision that quashed President Kenyatta’s was precarious.

The judge said the claim by the opposition leader did not warrant the nullification of the election, judge Justice Jackton Ojwang pointed that the opposition hinged on only one pillar of the electoral process— transmission of results.

The judge said the decision by the  majority was politically motivated and lacked validity and failed to keep the path set  by law saying it was based on weak grounds.

“I am opinion the majority decision fails to resonate with the Constitution and the law,” he said.

Judge Njoki Ndung’u has also faulted the decision by the majority saying  the legitimate winner of the August 8 Presidential Poll was, would have best been cleared up through a verification of the number of ballots cast in favour of each candidate – a recount

“The court must be satisfied that the violations claimed are solid, not imagined,”Ndung’u said.


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