Why these two judges disagreed with the Majority ruling
Jackton Ojwang and Njoki Ndungu have dissented the ruling to nullify the 2017 August Presidential election results.
NASA won the petition with a majority ruling of five out of the seven judge bench with Justice Njoki Ndung’u and Justice Jackton Ojwang’ dissenting the ruling.
In a summarized dissenting opinion, Justice Njoki Ndung’u felt that the elections were “free, fair, peaceful and credible”.
"I disagree with the verdict of the majority and there’s no good reason to nullify elections," she said.
Justice Jackton Ojwang’ also dissented the ruling saying that the evidence that was provided did not hold water in regards to the nullification of the results.
“Hardly any conclusive evidence has been adduced in this regard which demonstrates such a manifestation of irregularity has to justify the invalidation of the election results,” he said.
“In regards to the invocation of the constitution as a basis of annulling the election process only general attributions of impropriety have been made and furthermore without adherence to the prescription that the task of interpreting the constitution with finality rests with no one but the court.”
The country is set to go back to the ballot within 60 days and a full judgment of the petition to be released within 21 days.
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