In an unprecedented move, the Kenyan supreme court overturned the August 8th election results and called for fresh elections within sixty (60) days of the announcement. This was declared citing irregularities and illegalities harming the integrity of the election. Suffice to say there are as many people happy as there are sad about this verdict and turn of events. Chief Justice David Maraga noted in his now famous quote that:

“The greatness of a nation lies in its fidelity to the constitution and adherence to the rule of law and above all respect to God”

Opposition leader Raila Odinga called the decision “an unprecedented ruling and a triumph for the people of Kenya.” while Uhuru Kenyatta, the declared president elect, said of the verdict ‘The court has made its decision, we respect it.’

Kenya is the first African country to have its courts annul an election. However, some questions arise that the powers that be will hopefully address between now and the October 17th 2017 fresh elections.

• If one election was deemed invalid can the next election be trusted in its validity?
• What if the next election has illegalities too? Can the court be trusted to make the same call?
• Will a people with the history that Kenya has be able to keep the peace before, during and after the fresh elections?
• All these questions arise, and more.

Some youths approached said that electing again will be too much trouble and they will stay home on that day and not practice their constitutional right. However, many others have had their faith in the Kenyan institutions renewed by this verdict and plan to turn up in numbers come 17th October 2017 to (re)cast their vote. All camps hope for answers.

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Supreme Court Judges

The nine Supreme Court judges have unanimously accepted the 5 amendments to candidate Amama Mbabazi’s petition challenging President Museveni’s re-election. The ruling read by Chief Justice Bart Katureebe comes after the Deputy Attorney General Mwesigwa Rukutana and lawyers representing Yoweri Museveni, objected to the amendments presented earlier by Amama Mbabazi’s legal team.

Mbabazi lodged the initial petition last week seeking to nullify the election of President Museveni on grounds that the Electoral Commission did not comply with the electoral laws and that there was outright voter rigging.

Today, at the pre-hearing conference for the trial, his team introduced 15 new grounds to the original submission in Presidential election petition with fresh evidence to challenge the victory. The grounds presented in the amended petition include proof of voter bribery, use of public servants in political activities, interference with opposition activities and misuse of government resources.

Justice Katureebe warned the media not to discuss the court issues on their platform, as the hearing of the petition starts on Monday 14th March 2016. Meanwhile court adjourns to Thursday 10th this week for another pre-hearing conference.

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UPDF Soldiers

Government and Members of Parliament affected in the Constitutional court ruling that declared the presence of representatives for the army, youth and workers in Parliament as unconstitutional are to appeal against the case in the Supreme court. This as the Constitutional Court  judgment  of the ruling of the five judges who included; Remmy Kasule, Augustine Nshimye, Ruby Opio, Richard Buteera, and Fredrick Egonda-Ntende  found that the presence of army, youth and workers MPs unconstitutional.

In 2010, a group of concerned citizens petitioned court over the continued stay of these special interest groups in the August House and the Constitutional court found that the law under which the army, youth and workers MPs use to be in parliament is  unconstitutional and illegal. The Deputy Attorney General Mwesigwa Rukutana told parliament after the matter was raised by Kigulu south MP Milton Muwuma that they have looked at the ruling and they do not agree with the judgment of their judges hence calling for appeal in the Supreme Court.

Earlier, the deputy speaker Jacob Oulanyah read the judgment to parliament and concluded that there is no order directing the seating members of the house to vacate their seats, but the ruling bars any political activity organized on national level to do with interest groups.

Speaking on this court ruling the State Minister for youth and children Affairs, Evelyn Anite, says amendment of the National Youth statute needs to be worked on before the parliament goes for recess. Workers’ MP Arinaitwe Rwakajara says that they are going to seat with the Attorney General to amend the statute to suit all the Interest groups.

The court ruling affects 16 Members of Parliament for the army, youth and workers.

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The Parliamentary appointments committee approved the members of the Board of the Petroleum Authority. The committee that approved the Board of the Petroleum Authority was chaired by the Speaker of parliament Rebecca Kadaga.

The Board of the Petroleum Authority vetted Dr. Jane Nambakire Mulemwa as Chairperson and two members to the board counsel; Kiryowa Kiwanuka and Eng. Patrick Nakoko Masuba. Mr. Michael Olupot Tukei was also vetted as the Deputy Executive Director of the Financial Intelligence Authority which is intended to prohibit money laundering into the country.

The Board chairperson of the Petroleum Authority Dr. Jane Nambakire Mulemwa said that she will ensure that the Authority has guidelines and policies which stop loopholes which can expose it to abuse and temptations like corruption.

A legal member to the board, Kiryowa Kiwanuka, said that they will focus much on making sure this authority benefits Ugandans so as they do not regard oil as a curse.

The same committee has approved all 12 Judges appointed for Supreme Court and court of Appeal. Judges included Augustine Nshimye, Faith Mwodha, Eldad Mwangushya, and Lady Justice Prof. Lillian Tibatemwa. The vetted  Alphonse Owiny Dollo, Lady Justice Elizabeth Musoke, Paul Mugamba, Simon Byabakama, Catherine Bamugemereire, Cheborian Barishaki, Hellen Obura and Cheborion Basrishaki .

Sources say that MPs questioned the judged over high case backlog and concerned about the alleged corruption in judiciary. The judges were questioned about the loss of case files in courts and lack of supervision of lower courts.

Shortly after vetting, one of the Supreme Court Judges, Eldad Mwangushya, pledged to clear all cases they will find in Supreme Court.

These  judges have been appointed by President Yoweri Museveni and approved by parliament as the country prepares for 2016 election process which could bring in some election petitions filed by aggrieved parties in court and some go to the level of the supreme court

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A panel of seven Supreme Court Justices led by the Chief Justice Benjamin Odoki have ruled in favor of the National Social Security Fund.

The judges have allowed an appeal by the NSSF challenging a 40bn shilling award to Alcon International Uganda that was not party to the signed contract to construct Workers House.

The construction company sued NSSF seeking compensation for arbitrarily terminating its contract to build Workers House.

In 2009 the Court of Appeal dismissed all grounds given by NSSF, and upheld the lower court’s multi-million dollar award to Alcon.

Richard Byarugaba NSSF Managing Director

The NSSF then filed an appeal at the Supreme Court that stopped payment of the said amount to Alcon on grounds of breach of contract.

The same court has faulted the lower courts’ decisions of using fraudulent information that was deliberately concealed by directors of Alcon International Kenya during the signing of the contract.

Court also discovered that Alcon Kenya misled the NSSF when it substituted one company with another during the signing of the contract, and that Alcon Uganda did not have the expertise to do the job.

The Judges have now ordered that the matter be referred back to the High Court because no party had agreed to arbitration.

The ruling was read by the Deputy Registrar of the Supreme Court Godfrey Opuseni.

The NSSF Managing Director Richard Byarugaba has welcomed the ruling.

Here is the full ruling of the the Supreme Court

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