Governor Kimemia calls for change in law after court ruling

Nyandarua Governor Francis Kimemia addresses a Cabinet meeting in Ol-Kalou town on August 22, 2017. He has criticised the Supreme Court judges' ruling on the poll petition. PHOTO | JOHN GITHINJI | NATION MEDIA GROUP

What you need to know:

  • The former head of public service argued that there should be changes in the laws that govern presidential election.
  • Mr Kimemia further called on the Supreme Court to lay down its reasons for annulling the presidential election results.

Nyandarua Governor Francis Kimemia has called for constitutional amendments to guarantee an annulment of a Supreme Court ruling in case of a dissent of more than one judge in a presidential election petition.

"I am [of the] opinion that a decisive decision to reverse a presidential election with a clear lead should enjoy support of the full bench.

"A dissent of over 33 per cent - as in this case - is fundamental dissent - especially where rulings could lead to war or insecurity.

"Constitutional amendments are vital," Mr Kimemia said in a press statement.

ELECTORAL LAW
Further, the former head of public service and secretary to the Cabinet argued that there should be changes in the laws that govern presidential elections.

"I will prepare administrative cum legal opinion to generate discussions and amendments to electoral law.

"Law without proper institutional and administrative framework is naive and unstrategic," he said.

He went on: "As an example, if a presidential contestant died one day or 11.59pm on August 8, 2017, the presidential election would have been cancelled, even if the candidate committed suicide! These are grave issues that should be addressed."

COURT'S DUTY

Mr Kimemia further called on the Supreme Court to lay down its reasons for annulling the presidential election results in the petition filed by opposition leader Raila Odinga.

"The Supreme Court has vindicated Honourable Uhuru from complicity.

"The Supreme Court's moral duty now is to prove beyond doubt that the irregularities outdo the will of [the] people and 1.4 million decisive lead.

"A monumental catastrophe of the 21st Century results if it’s not proved," he argued.

IEBC
On the electoral agency, Mr Kimemia said:

"The Supreme Court should pronounce itself on IEBC's credibility because early condemnation of IEBC is recipe for chaos, deliberate constitutional crisis and a covert coalition government."