High court strikes out petition challenging Supreme Court power to declare winner of presidential election

Milimani Law Courts, Nairobi.

The High Court has struck out an application challenging the Supreme Court’s power to declare a winner of a presidential election.

Justice Hedwig Ong’udi ruled that the court lacked jurisdiction to hear the petition filed by Ashford Koome Mbogo.

The judge noted that the Supreme Court “shall have exclusive original jurisdiction to hear and entertain disputes relating to the elections to the office of the president arising under article 140.” 

She added, “from the above, it is clear that it is the Supreme Court which has exclusive jurisdiction to deal with issues/disputes related to the presidential election.”

It was the judge’s finding that under article 140 (2), the Supreme Court hears the presidential election/s and gives a decision. It is not for this court to direct the Supreme Court on what to do.”

This came a day after Kenya Kwanza’s presidential candidate Raila Odinga and his running mate Martha Karua filed a petition challenging President-elect William Ruto’s win.

Among the prayers sought in the petition, Raila and Karua want the Supreme Court to nullify Ruto’s win.

They also want to be declared President and Deputy President respectively.

The two are further seeking a declaration that Ruto did not meet the constitutional threshold of attaining 50%+1 of all the votes cast in the recent general elections.