Former Prime Minister Raila Odinga proceeded to the Supreme Court after the then-Gatundu South legislator, Uhuru Kenyatta, and the then-Eldoret North Member of Parliament, William Ruto, were declared winners of the 2013 general elections.
Odinga cited irregularities and discrepancies in the electoral process.
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The elections took place on March 4, 2013, with Uhuru Kenyatta, running under the Jubilee Alliance, winning the presidency by securing 50.07% of the votes in one of the most intense political seasons ever witnessed in Kenya.
To challenge Kenyatta’s victory, Odinga assembled a team of some of the best lawyers in the country. Prominent legal representatives on Odinga’s behalf included:
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- Senior Counsel George Oraro
- Kethi Kilonzo
- Senior Counsel James Orengo
- Paul Mwangi
- Senior Counsel Pheroze Nowrojee
Raila Odinga Challenges Uhuru’s Win at Supreme Court
On the other side, the lawyers representing Uhuru Kenyatta were:
- Senior Counsel Fred Ngatia
- Senior Counsel Ahmednasir Abdullahi
- Tom Macharia
- Evans Monari
- Senior Counsel Katwa Kigen
Also Read: Uhuru’s Jubilee Party Gives Way Forward After Raila-Ruto Deal
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The Supreme Court case challenging the 2013 presidential election results began on March 16, 2013. The petitions were heard by seven Supreme Court judges led by Chief Justice Willy Mutunga. Other judges who participated in hearing the petitions included:
- Justice Philip Kiptoo Tunoi
- Justice Jackton Boma Ojwang
- Justice Mohamed Khadhar Ibrahim
- Justice Smokin Wanjala
- Lady Justice Njoki Susanna Ndung’u
Court Upholds Uhuru’s Win
On March 30, 2013, the Supreme Court delivered its ruling, upholding the election of Uhuru Kenyatta as president. The court found that Raila Odinga, the petitioner, did not provide sufficient evidence to prove that the election was affected by irregularities and malpractices that would have influenced the overall outcome.
The Independent Electoral and Boundaries Commission (IEBC) was determined to have largely complied with the constitutional and legal requirements for conducting the election. Although there were issues with the electronic transmission of results, the court ruled that these did not significantly impact the integrity of the election.
Also Read: Uhuru Kenyatta to Meet Ruto After Key Appointments
The court noted that the voter turnout and the results announced were consistent with the evidence presented, reinforcing the legitimacy of the election.
“It is the decision of the court that Uhuru Kenyatta and William Ruto were validly elected,” Chief Justice Mutunga stated.
“The court has unanimously decided that the presidential election was conducted in a free, fair, transparent, and credible manner in compliance with the Constitution and the law.”
On his part, Odinga acknowledged the Supreme Court’s ruling, stating that while he disagreed with certain findings, he respected the court’s decision as final.
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