This is the NASA leader’s second presidential challenge after his first was thrown out five years ago in favour of President Uhuru Kenyatta.
If the court rules in his favour, it will become the first African court ever to nullify a presidential election.
The seven-member bench will either order another presidential election or clear the way to swear in Kenyatta for a second term.
Last night the judges, aided by 40 experts, were burning the midnight oil at Nairobi’s Windsor Hotel, writing the judgment they must deliver before 6pm today.
In anticipation of sporadic violence after the ruling, security has been heightened with major deployments and anti-riot and crowd control drills.
In a message relayed to supporters by Kisumu Governor Anyang’ Nyong’o Raila said Kenyans should be peaceful during and after the court decision. The message was delivered during the burial of Christabel Ouko, widow of assassinated Cabinet minister Robert Ouko.
“Whatever happens today, we are winners. Go to church and temples to give thanks to God,” he said. “A soldier lives to fight another battle, therefore, today the world is not coming to an end,” Raila said.
He said peace is crucial for unity and national development of the country. Whichever way the court decision goes, Kenyans must remain composed and cohesive, he said.
Nyong’o said Raila was held up in Nairobi and could not make it to the burial.
NASA went to the Supreme Court to challenge the results of a presidential election, which it says was rigged. The opposition wants Uhuru’s victory nullified.
According to the IEBC, President Uhuru Kenyatta won the August 8 election by 1.4 million votes but Raila said the results are false.
Governor Nyong’o held up a T-shirt bearing the words “Luo Lives Matter” and urged security forces to ensure members of the community are protected. He asked county security to handle locals in a civilised manner and not to brutalise them.
This followed a violent crushing of protests in Kisumu after Kenyatta was declared winner on August 8.
“We have discussed the concept of security to ensure lives and property are protected. Police should know that when people celebrate or mourn they should be protected and not killed,” Nyong’o said.
He said there should be no excessive force in quelling demonstrations.
“We do not want more deaths linked to brutality or assassination,” the governor said.
Nyong’o cited Foreign Affairs minister Ouko assassination on February 13, 1990.
He urged residents to refrain from violence and unlawful acts as they express disappointment, or joy, to avoid unnecessary clashes with security personnel.
In its 25,000-page presidential petition, the opposition lists 28 issues determined by the apex court.
The Jubilee Party,on behalf of the president, wants the court to address five issues. The Independent Electoral and Boundaries Commission has listed two issues.
The Judges retreated to the hotel tosift through mountains of evidence by Raila, Uhuru and the IEBC after a three-day grueling showdown over the disputed polls.
The Supreme Court must deliver its ruling within 14 days after receiving the petition challenging Uhuru’s win.
It is under pressure to deliver a thoroughly persuasive ruling, not a two-minute decision.
Each justice has been urged to read his or her own judgment, but it is not known if they will, or if only the majority opinion will be read aloud.
The judges are CJ David Maraga, deputy CJ Philomena Mwilu, Mohamed Ibrahim, Smokin Wanjala, Njoki Ndungu, Isaac Lenaola and Jackton Ojwang.
IEBC wants a determination on whether Kenyatta was validly elected and declared the winner.
Jubilee wants the court to determine whether it should reconsider and adjudicate afresh the issue of rejected votes and what declaration, orders or reliefs should be granted.
Issues by NASA include whether the results published in the IEBC’s public portal reflect the actual results in forms 34A, 34B and 34C.
If the court upholds Uhuru’s reelection, he will be sworn in on September 2.
If the court invalidates the election, the Constitution says fresh elections must be held within 60 days after invalidation of the presidential poll.
NASA’s legal team includes James Orengo, Otiende Amolo, Peter Kaluma, Jackson Awele, Anthony Oluoch, Amos Wako and Moses Wetang’ula.
Those representing President Kenyatta include Fred Ngatia, Ahmednasir Abdullahi, Ken Ogeto, Tom Macharia, Evans Monari and Katwa Kigen.
Attorney General Githu Muigai appeared as a friend of the court.
Yesterday some NASA chiefs were talking tough, signaling a possible protracted battle against Uhuru’s administration if Raila’s petition is thrown out.
“Kenya would not be the same again. This is a landmark ruling and Kenyans are determined not to accept and move on,” ODM Treasurer Timothy Bosire and a key Raila ally told the Star.
“People are ready to take it upon themselves to reorganise the country’s leadership and set the future courts properly in their interest. Nothing would stop them from doing what they want to do.”
Earlier, Raila’s right-hand man David Ndii had signalled that protests are on the cards if the Supreme Court upholds Uhuru’s contested victory.
“We have been calling for mass action since 1991 and we will not stop as long as people try to restore dictatorship,” he stated.
A ruling for Raila, the iconic democracy fighter, fresh impetus to wage war against Jubilee.
Even before the polls, Raila and his NASA brigade claimed Uhuru could only have won through one strategy — rigging.
-The Star