A petition that asked the High Court to prevent the Supreme Court from determining the outcome of a presidential election following a recount of the votes was denied by the High Court.
A portion of the legislation that permits the Supreme Court to announce the victor of a presidential election following a recount of the votes cast was challenged in this petition on the grounds that it violates the constitution and attempted to have it declared unconstitutional.
Justice Hedwig Ong’undi argued that she did not have the authority to make the decision because the High Court does not have the authority to instruct the Apex Court on what to do or not do.
According to the provisions of Article 163 (3) (a) of the Constitution, the sole original jurisdiction to hear and decide issues connected to the election of the President lies with the Supreme Court. This means that no other court has the authority to do so.
Ong’undi argued that the clause is unambiguous in stating that the Supreme Court, not the High Court, has exclusive authority to hear cases involving the presidential election.
The action was brought forward by Ashford Koome Mbogo, Michael Ochieng, and Eric Githinji, who contend that the clause in question violates both the Constitution and the concept of independence that underpins the operation of the electoral body.