The National Super Alliance (NASA) leader Raila Odinga, through his adviser Salim Lone, says his perception of the Jubilee government as “illegitimate” has not changed even after the Supreme Court ruled Monday to uphold President Uhuru Kenyatta’s win in the October 26 presidential poll.
In a statement to newsrooms Monday, November 20, Mr Odinga, via his adviser, said: “We in NASA had repeatedly declared before this Supreme Court ruling today (November 20) that we consider this government to be illegitimate and do not recognize it. This position has not been changed by the Court ruling.”
Terming the Supreme Court’s verdict as “one which we had expected”, Salim Lone said: “we do not condemn the Court; we sympathize with it, (because) it was a decision taken under duress.”
In a unanimous decision, Supreme Court’s six-judge dismissed the petitions challenging the election of President Kenyatta in the repeat poll, saying “they lacked merit”.
“As a consequence, the presidential election of 26th of October is hereby upheld,” he said.
Two petitions – one by former Kilome Member of Parliament Harun Mwau and the other by activists Njonjo Mue and Khelef Khalifa – were filed seeking the nullification of President Uhuru Kenyatta’s victory for the second time in three months.
The two petitions were consolidated and heard together, but each party was allowed to submit issues raised in their petitions separately.
Among the issues the petitioners cited as grounds for annulment of the October 26 presidential vote was failure by the electoral commission, IEBC, to conduct fresh nominations, withdrawal by the National Super Alliance (NASA) flag bearer Raila Odinga and failure by voters in 25 constituencies to take part in the election.
The petitioners further argued the October 26 poll outcome should be voided because the vote was not held in each of Kenya’s 291 voter constituencies.
The dismissal of the two petitions paves way for the swearing in of President Kenyatta for a second term on Tuesday, November 28.
Article 141 on the Assumption of Office holds the swearing in would be on the Tuesday after seven days of the verdict.