The Supreme Court on Monday maintained that there shall be no elections in 25 constituencies spread across four counties after they failed to participate in the October 26 repeat polls.
Earlier, two petitioners had sanctioned IEBC to repeat the polls in the four counties - Siaya, Kisumu Migori and Homa Bay - after chaos disrupted the exercise late October.
Reading the full judgement that upheld President Uhuru’s win, Justice Njoki explained that IEBC was not at fault for excluding some parties in the repeat election because they were guided by a court order.
“ections there was impossible. IEBC was within the law to announce results of the Presidential election despite lack of participation from 25 constituencies where boycott, politically instigated violence was reported” Justice Njoki
She added that IEBC will not be pushed to hold another election in those areas, as the outcome will not affect the final presidential results.
“It is clear that IEBC made its declaration pursuant to the Constitution and the law even though voters in 25 constituencies didn't vote. If we were to nullify repeat election, then all one will need to do is to instigate violence in any corner of the republic during presidential election and thereafter petition this court to nullify the election” Justice Njoki Ndung'u
Justice Njoki added that those who intentionally instigated violence must not plead the same violence as a ground for nullifying an election.
Justice Smokin Wanja affirmed that they were not intimated by the choice of words used by President Kenyatta against the supreme Court.
“We were not intimidated by the choice of words used by President Kenyatta against us. Petitioners didn't have proof that Jubilee Women's Brigade act of dressing in military regalia intimidated voters” said Smokin Wanjala
During the Repeat Polls, IEBC Chairman Wafula Chebukati postponed voting in Kisumu, Migori, Homa Bay and Siaya due to protests staged by supporters of the National Super Alliance.