Peoples’ President Raila Odinga has arrived at the Supreme Court to witness the reading of the ruling to be delivered by the Judges led by Chief Justice David Maraga.
Our inhouse expert had made the following prediction, we wait to see if it will hold;
THE SCOK TO INVALIDATE THE 2017 ELECTIONS AND ORDER FRESH ELECTIONS
The SCOK shall:
(a) depart from RAILA 2013 and set a new standard of proof in Presidential Elections.
(b) confirm that the Constitution is the supreme law of the land.
(c) confirm that it can indeed declare a Statute or a provision thereof unconstitutional and therefore null and void.
(d) nonetheless decline to declare section 83 of the Elections Act unconstitutional.
(e) hold that the correct test for invalidating Presidential Elections under Article 140 of the Constitution is two-pronged:
(i) whether or not the elections meet the minimum Constitutional Standards of free, fair, credible, verifiable, accoutable and transparent. If they don’t, fresh elections shall be ordered.
(ii) if the elections meet the Constitutional standards, whether or not it meets the other non-Constitutional standards such as those under Statute. If they don’t, whether that failure substantially affects the results.
(f) hold that the 2017 presidential elections did not meet the minimum constitutional standards.
(g) invalidate the elections and order fresh elections under Article 140 of the Constitution.
