Opposition leader Raila Odinga is calling for the jailing of all IEBC commissioners for ‘committing crimes against the people of Kenya.’

Raila’s sentiments come on the backdrop of a historic ruling in Africa by the seven-judge bench of the Kenyan Supreme Court, which has annulled the reelection of President Uhuru Kenyatta in the just concluded elections.

“The IEBC commissioners have committed a criminal act; most of them actually belong to jail. And therefore, we are going to ask for prosecution of all the electoral commission officers, who have committed the monstrous crime against the people of Kenya,” Raila said shortly after the ruling.

Speaking in solidarity of the ruling, Thirdway Alliance party presidential candidate Dr Ekuru Aukot on his part has called on the United Nations to instead conduct the next elections, adding to the long list of Mr Odinga who has demanded a total overhaul of the IEBC commission. 

“IEBC chairman Mr Wafula Chebukati and his team should be punished. The United Nations (UN) should hold the next elections. Chebukati must be charged,” Dr Aukot quipped.

The just 60-days-away exercise has been ordered by the Supreme Court, a decision which cannot be challenged in any court on the land.

NASA lawyers, led by James Orengo, were happy with the decision and thanked the court for agreeing with them that IEBC flouted electoral laws.

“The decision is history. The first judgement in Africa that has upset a presidential election. Supreme Court has done Kenya proud and lived up to the principle and law regarding election,” he said.

He added: “The decision by the court means well have new presidential election within 60 days. We hope this time around, they will not make the mistake of generating elections through computers.”

Majority Verdict

"Elections is not an event but an process. After considering the totality of the entire evidence, we are satisfied that the elections were not conducted in accordance to the dictates of the Constitution and the applicable principles," Chief justice David Maraga said, shortly after declaring that four of the seven judges agreed to annul the Uhuru re-election.

He added: "That the Third Respondent (President Uhuru Kenyatta) was not validly elected on August 8."

CJ Maraga revealed that Judges Ojwang and Njoki Ndung'u dissented while judge Mohammed Ibrahim, who fell ill on the second day of the case hearing, did not take part in the decision because he is still in hospital.

On the other hand, Lawyers who represented President Kenyatta and the IEBC protested the judgment and sought explanations and clarifications from the judges.

Lawyer Ahmednasir Abdullahi, for Mr Kenyatta, faulted the court, saying it had made a political decision because no one is disputing that the voter made his decision.

According to him, Lady Justice Ndung'u upheld the wishes of Kenyans.

But Justice Maraga said, in due time, they would be able to demonstrate why they reached their decision. The Judiciary is set to provide an expansion to all the parties.