Kenyas supreme court ruling and what it means for the country. This book chapter interrogates the state of judicial independence in kenya in the aftermath of the landmark judgment by the supreme court of kenya in raila odinga 2017 election petition. In the life of any nation, a time comes when the people and their leaders must audit the progress made towards the attainment of the goals and prayers laid out at the founding of the nation. Raila odinga demands new poll in 90 days monday october 30 2017 nasa chief raila odinga and residents of kawangware after attending a service at gatina pag church on october 29, 2017.
E stephen kalonzo musyoka at the supreme court, nairobi august 18, 2017 this petition has been filed by the presidential candidate for the national super alliance, nasa rt hon raila amolo odinga, and his running mate, h. Raila odinga latest news, breaking stories and comment. Presidential election petition 1 of 2017 kenya law. Raila finally files petition at the supreme court and its a. After the election, raila supported the moi government, and led a merger. It is not beyond mr odinga to start collecting signatures for a petition to amend the constitution through a popular initiative, seeking to settle opinion of whom between the peoples president and the president should rule over kenya. Raila odingas decision will ease concerns about further violence after uhuru kenyatta declared winner by 1. Aug 18, 2017 statement on the filing of a petition by rt hon raila o. Raila odinga s swearingin has rattled kenyas government thanks in part to the large crowds that turned up. Raila odinga, 72, lost to his longtime rival kenyatta in the aug. At best, the court only made a tangential reference to the section while. Raila odinga is married to ida odinga with whom they have four children. The newly appointed energy minister raila odinga who was leader of the national development party said that the unprecedented merger would take place as soon as legal and technical aspects of the move had been worked out. Together they have four children, the late fidel castro 2015, rosemary akeyo, raila junior and winnie irmgard.
Raila odinga demands new poll in 90 days daily nation. His ideology being that the new constitution would bring devolution of power and proper allocation of resources throughout kenya even to remote areas. Raila odinga cites graft as devolutions greatest threat. Nasa lawyers explain why petition was filed at raila. World heritage encyclopedia, the aggregation of the largest online encyclopedias available, and the most definitive. Republic of kenya during the general election held on the 4th march, 20. Our withdrawal from the election requires the iebc to cancel the election and to conduct fresh. Peters v attorneygeneral 2002 3 lrc 32 c a followed east africa. Raila amolo odinga and another v independent electoral and boundaries commission and others presidential petition no. Raila odinga project gutenberg selfpublishing ebooks. Lessons from ghana and kenya on why presidential election. Any constitutional lawyer, judge or student who cares about constitutional law confronts a large and proliferating number of constitutional theories inherently veiled in ghanas constitutional order.
The kenyan supreme court released the full judgment pdf following the justices unanimous dismissal of raila odinga s petition challenging the election of president uhuru kenyatta. Odinga has asked the electoral body to call for fresh elections in 90days as is required by the law. Kenyan opposition leader to challenge election result in court. I raila odinga a resident of nairobi and whose address for purposes of this petition is care of oraro and company advocates, ack garden house wing c, first ngong avenue, p o box 5123600200, nairobi do solemnly make oath and state as follows. Raila odingas election petition supporting documents. Nasa flag bearer raila odinga has withdrawn from the october 26 repeat polls as scheduled by the iebc. Aug 04, 2017 the opposition official who reported the attack dennis onyango, a spokesman for the veteran opposition leader raila odinga later turned his phone off. File the hearing of this petition was concluded on tuesday. Nov 26, 2017 nasa leader raila odinga on saturday turned down a concerted push by the coalitions hardliners to swear him in on tuesday, the day president uhuru kenyatta is scheduled to take the oath of office for. On september 1, the supreme court of kenya issued a decision annulling the original presidential results on the grounds of what it identified as a. The 3 r d respondent was declared the winner of the said election by the 1 s t.
Nasa lawyers explain why petition was filed at raila odingas. Observing kenyas march 20 national elections the carter center. Pdf doc docx pdf with metadata docx with metadata xml show metadata. The petition had elicited keen public interest and generated endless media coverage and commentary. This judgment, therefore, may be viewed as a baseline for the supreme courts perception of matters political, as these interplay with the progressive terms. National super alliance leader raila odinga has been sworn in as the peoples president. The odingas are locked in a kiss at airport terminal. He stated that the manual tallying was suspect leaving him no choice but to contest the. Raila odinga cites graft as devolutions greatest threat odm leader raila odinga right with kirinyaga governor anne waiguru and mombasa governor hassan joho during the devolution conference at kakamega high school on april 25, 2018. Kenya assessment april 2002 country information and. Oct 10, 2017 kenyas opposition leader raila odinga announced tuesday that he will withdraw from this months presidential election rerun.
Kenyas opposition leader vows court challenge over election loss. An undated photo of nasa principal raila odinga in a romantic embrace with his wife ida has surfaced online. Kiambu town member of parliament jude njomo on thursday filed a new petition against nasa leader raila odinga at the high court. Boundaries commission and others presidential petition no. Party urp, rather than joining kenyattas the national alliance party tna. Raila odinga news, research and analysis the conversation.
This petition has been filed by the presidential candidate for the national super alliance, nasa rt hon raila amolo odinga, and his running mate, h. David gichuru, standard president uhuru kenyatta thursday night gave a detailed response to opposition leader raila odingas claims of electoral irregularities in the supreme court petition. In his petition, economist david ndii posits that kenya has since independence been governed by. Supreme court judgment on the presidential election. Raila odinga rejects calls to swear him in how africa news.
Miguna was first deported in february after his involvement in a mock inauguration ceremony for opposition leader raila odinga. Robert kagiri kenyas apex court delivered an earthshaking ruling following a petition on the outcome of the just concluded presidential election by president uhuru kenyattas main challenger raila odinga. Petition ruling absolves uhuru, breaths new life into raila s prospects dr. The court in the 20 raila odinga case, did not render an authoritative interpretation of section 83 of the elections act as read together with the relevant provisions of the constitution. Raila odinga was born at maseno church missionary society hospital, in maseno. Browse the independents complete collection of articles and commentary on raila odinga. I was just about to do it but my sixth sense told me that it would be a very bad decision, said raila in reference to the disputed presidential results.
Raila amolo odinga is a kenyan politician who served as the leader of the opposition from. President uhuru kenyatta has given a detailed response to opposition leader raila odingaas claims of electoral irregularities in the supreme court petition challenging his victory. The rigged wanted uhuru adressing boys and girls in rotten corrupt bunge. Prof lumumba had his colleagues in the court alert and gallery alive as he sought to demolish the case laid out by the team representing raila odinga, president uhuru kenyattas main challenger. The attorneygeneral submits that the conduct of presidential elections is a matter of great public interest necessitating the participation of the attorneygeneral as the principal legal advisor to the government, promoter, protector of the rule of. Uhuru kenyattas response to petition executive summary the contents of paragraph 2.
Why presidential election petitions usually fail 151 1 introduction judicial challenges to presidential election results are hardly ever successful. Odingas options run out as fourth bid to lead kenya falters. He served in the cabinet of kenya as minister of energy from 2001 to 2002, and as the minister of roads, public works and housing from 2003 to 2005. Raila odingas technical adviser drafts petition seeking. Raila amolo odinga is a kenyan politician who served as the prime minister of kenya from 2008 to 20 and leader of the opposition since 20. Jan 30, 2018 national super alliance leader raila odinga has been sworn in as the peoples president. Do not allow raila to drag country into another referendum.
Oct 10, 2017 nasa presidential candidate,raila odinga. When kibaki proposed a new constitution in 2005, odinga campaigned against it. Odinga took the controversial oath at uhuru park grounds in nairobi on tuesday at 2. Aug 08, 2017 nairobi afp raila odinga, kenyas veteran opposition leader and onetime prime minister, is hoping to go one better than his father in tuesdays presidential election. During the petition hearing, chief justice willy mutung made a finding. International media house humbles raila odinga, kenyans on. Browse the independent s complete collection of articles and commentary on raila odinga.
The opposition official who reported the attack dennis onyango, a spokesman for the veteran opposition leader raila odinga later turned his phone off. Raila odinga is the man who championed the change for a new constitution. Kenya supreme court nullifies presidential election the. Aug 22, 2017 supreme court registrar esther nyaiyaki in blue receives petition documents from nasa leaders at the supreme court on august 18, 2017. Kenya government denies preelection raid on opposition. Bitter lessons from the supreme court ruling on raila odinga s petition posted on march 31, 20 by makozewe 24 comments the anger. Mr odinga filed his case some minutes to midnight on friday. Aug 16, 2017 kenyan opposition leader to challenge election result in court. Aug 27, 2017 raila odinga s full response to the ongoing presidential petition at the supreme court subscribe to our youtube channel for more great videos. Raila odinga s petition sought to bring attention to the series of technological failures that cast doubt on the provisional results as tallied by the iebc, as well as the breakdown of bvr kits on polling day. His main challenger, raila odinga, 72, who petitioned the supreme court to nullify the election, had received about 44 percent, a difference of about 1. Raila odinga on 16 th march, 20 against the iebc as the 1 st respondent, mr. Oct 19, 2017 kiambu town member of parliament jude njomo on thursday filed a new petition against nasa leader raila odinga at the high court in court documents seen by.
E stephen kalonzo musyoka at the supreme court, nairobi august 18, 2017. Opposition leader raila odinga s lawyer says it was not by accident that the supreme court did not have a quorum to hear an urgent appeal to postpone the thursdays repeat presidential elections. Dont strangle the baby, plo lumumba tells supreme court. Iebc and others eklr 20, on the issue of spoilt ballots as sought in paragraph 19 and 21 of the petition, there having been many elections petitions lodged before this honourable court post the said supreme court petition no. Pdf the state of judicial independence in kenya reflections. Raila odinga officially withdraws from the elections. The politician was forcedly deported from kenya for the second time in march, despite court orders granting his return to the country. In its decision in presidential election petition no. Raila finally files petition at the supreme court and its. His address of service for purposes of this petition is care of oraro and company advocates, ack garden house wing c, first ngong avenue, p o box 5123600200, nairobi. Forbid that such a referendum should ask questions about secession. Indeed he was successful as the new 2010 constitution was promulgated in august 2010. Siaya senator james orengoleft, nasa principals raila odinga and kalonzo musyoka during a press briefing at okoa kenya secretariat on 16817beverlyne musili supreme court judges and the battery of lawyers appearing for parties in the election petition will have to plough through 25,000 pages to be tabled by odm presidential candidate raila. The 72yearold has been a mainstay of kenyan politics since the 1980s, but has yet to win the top job.
Apr 16, 20 the rigged wanted uhuru adressing boys and girls in rotten corrupt bunge. Mr odinga said no one will stop his bid to change the constitution, insisting the goal is to form an allinclusive kenya. The article raila odinga takes a gamble by threatening to boycott kenyas. Nasa lawyers explain why petition was filed at raila odinga s home by rogers omondi on 20 august 2017 12. Supreme court points out gaps in raila petition daily nation. Ndii claimed the petition was justified under article 20 of the charter on human and peoples right of 1986. Raila amolo odinga and another v independent electoral and. However he refused to follow due process of petitioning the courts, believing that the. There is nothing wrong with manual voting which is the same process used in. Raila odinga, as a national traitor scheming with foreign powers to undermine kenyan sovereignty.
That election was also contested with opposition candidate raila odinga filing a petition to challenge kenyattas. Consequently, the courts view in the 20 raila odinga case would be maintained. Full 2017 kenya supreme court ruling on presidential. Welcome to the official page of his excellency raila amolo odinga, leader of the nasa coalition in kenya. Kenyas chief justice david maraga led other six supreme court judges in delivering the full 2017 kenya supreme court ruling on the presidential election petition case filed by opposition leader and nasa presidential candidate raila odinga against president uhuru kenyatta and iebc. The petition is a 20,000 page document which the seven judges must pore through. Nasa presidential candidate raila odinga has finally filed his petition to the supreme court after keeping his supporters anxiously waiting for hours. Welcome to raila odingas youtube channel, the official hub for videos about the rt hon odingas 2017 presidential campaign. Oct 28, 2018 browse raila odinga news, research and analysis from the conversation editions. The 3 r d respondent was declared the winner of the said election by the 1 s t respondent on 30 october 2017. Raila odingas full response to the ongoing presidential. Aug 16, 2017 kenyas opposition leader vows court challenge over election loss. He was the member of parliament for langata from 1992 to 20. Raila odinga, kenyas veteran opposition leader and onetime prime minister, has chosen to sit out thursdays presidential election rerun, a move that may well end his dream of winning the nation.
A technical adviser with the national super alliance nasa and by extension raila odinga has drafted a petition seeking to have kenya divided into two different countries. Mar 20, 20 prime minister raila odinga has said that he almost conceded defeat in the recent presidential election but realized that it was wrong to do so. He also alleged that massive electoral fraud and malpractices occurred that helped his opponent to win. In africa, ghana,1 kenya,2 nigeria,3 sierra leone,4 uganda,5 zambia6 and zimbabwe7 are among the countries where petitions filed against the results of various presidential elections have. Raila odinga wants an interim government to take over.
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