Judge rejects Osoro’s case on powers of apex court
The High Court yesterday threw out two petitions filed by South Mugirango MP Sylvanus Osoro and three voters seeking an interpretation of the law on the powers of the Independent Electoral and Boundaries Commission (IEBC) chairman on the declaration of presidential election results.
Justice Hedwig Ong’undi ruled that the High Court Constitution and Human Rights Division has no authority to hear the case filed by Osoro and Ashford Koome Mbogo, Michael Ochieng Asola and Eric Githinji.
“I find that under Article 140(2) of the Constitution the Supreme Court hears the presidential elections matters and gives a decision, it is not for this court to direct the Supreme Court on what to do or not do,” Ong’undi said while striking out the petitions.
The petitioners were challenging the Supreme Court’s power to declare a winner of a presidential election.
They wanted the High Court to declare that Section 80(4) of the Elections Act declared unconstitutional since it provides that an election court can direct the IEBC to issue a certificate of election to a presidential candidate.
In dismissing the suit, justice Ong’undi based the decision on provision of Article 163(3)(a) which states that “the supreme court shall have exclusive original jurisdiction to hear and determine disputes relating to the election of the office of president arising under Article 140.”
“From the above it is clear that it is the Supreme Court which has the exclusive jurisdiction to deal with issues/disputes related to presidential election,” said Justice Ong’undi.
The section of the law that the petitioners sought interpretation, titled powers of election court, gives the Supreme Court the powers to declare the presidential election winner and also to direct the electoral commission to issue a certificate of the election to a presidential candidate upon recounting of the ballot papers cast.
