President Uhuru Kenyatta. /COURTESY

President Uhuru Kenyatta has said the Supreme Court ruling nullifying the August 8th Presidential election sets back the democratic ideals for which Kenyans fought over many years.

He said the ruling by the Supreme Court was inconsistent with the spirit of the constitution which Kenyans passed in 2010. He said that when Kenyans passed the new constitution, they wished their will to prevail, and not that of a few individuals.

The President, accompanied by the Deputy President William Ruto, was addressing a delegation of leaders of pastoral communities from eight counties: Garissa, Isiolo, Kajiado, Marsabit, Mandera, Narok, Samburu, and Wajir.

“What happened is a judicial coup,” President Kenyatta said. “We have a constitution which has placed the interests of wananchi far above those of individuals; we have a constitution which has curtailed the powers of the Presidency, so that the will and wishes of the citizens would be respected,” the President said.

The President said it was unfortunate that in a democratic country, which had long encouraged respect of citizens’ rights, a few individuals could overturn the will of Kenyans, clearly expressed in their vote.

“In a democratic and free nation, where citizens’ rights are to be respected, we are now being told their will doesn’t matter; … wananchi who thought that the constitution guarantees their sovereign will are being told it doesn’t matter; it’s only few individuals who can decide for the 45 million people who their leaders can be,” the President said.

The President pointed out that the new constitution was expected to entrench democratic ideals, where the will of the majority would be respected, and where resources would be devolved to improve the lives of all Kenyans.

The President said the new constitution aimed to ensure that no one was powerful enough to silence anyone who wished to express themselves freely. He faulted the Supreme Court ruling, saying it amounted to a judicial coup, in which a few individuals had overturned the will of the majority.

“As Kenyans, we have witnessed what has never happened in any democratic country in the world. We thought we were instilling democracy as a result  of our new constitution; we were entrenching devolution to ensure equity in the disbursement of national resources so that no Kenyan is left behind,”  the President said.

The President singled out Germany, whose Supreme Court has ordered that its election be conducted manually so that the will of its people is accurately reflected.

He said that if Germany, which is a more advanced democracy than Kenya, could conduct its election manually, there was no reason for Kenya’s Supreme Court not to recount the ballots, instead of overturning the will of Kenyans on technological processes and formalities.

“If then there was a problem, then let them also cancel election[s] of other candidates,” the President said.

“They refused to check on the source document which would have shown the truth. The source document was the ballot paper”, he continued.

President Kenyatta assured Kenyans that the country was intact, and that the government was working; he insisted that he looked forward to the repeat election whose date has been announced by the IEBC.

The President urged the pastoralist communities to ensure they came out in large numbers to exercise their democratic right during the repeat election.

“We need to show them nobody can override the will of the people; we will not do it through violence but by casting votes on the date to be announced by IEBC,” the President said.

IEBC has pushed the poll by nine days from the Tuesday of October 17 date to Thursday October 26th.


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