Justice Ndung'u Indicts Majority Supreme Court Decision

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Joe Kihara Munugu

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Sep 20, 2017, 6:30:59 PM9/20/17
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Ndung'u Indicts Majority Court Decision
Justice Njoki Ndung'u’s strong full judgment has strongly indicted Kenya’s Supreme Court majority for failure to scrutinize evidence and thereby making grievously wrong decision of nullifying Kenya’s Presidential election.  Justice Ndung'u together with Justice Prof. Jackton Ojwang dissented from the majority and said she was satisfied that the August 8 election was conducted in accordance with the Constitution and election laws.  The judge said she analyzed the entire evidence adduced by the Petitioner, Raila Odinga, and the respondent, the Independent Elections and Boundaries Commission (IEBC). She found out that the disputed Forms 34As and Form 34Bs used to declare the election were proper in both form and content, she said in her judgments.  She strongly criticized the majority for not reviewing the documents, which were brought to the Court by IEBC, and clearly proved that the irregularities stated by the Petitioner were did not exist.  The judge also criticized the majority for not verifying if all of the petitioner’s claims were real and not imaginary.  She argued that the will of the Kenyan voter is supreme and, in the absence of evidence, a court must never overturn the people’s choice of their leader. She strongly faulted the majority for the nullification of the August 8 election instead of recounting the votes.
The following videos present Justice Ndung’u’s full judgment:

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