Kenya court clears Kenyatta for elections

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With little time left before the March 4 election, the ruling effectively clears the way for Kenyatta to contest the polls, in which he is seen as one of the leading candidates for the country’s top job.

“The High Court lacks jurisdiction to deal with a question relating to the election of a president,” the panel of five judges said in a statement read to a packed courtroom, saying only the Supreme Court could rule on the case.

Kenya is less than three weeks from a presidential election, the first since polls five years ago erupted into bloody ethnic violence that left more than 1,100 people dead and hundreds of thousand displaced.

The ruling also applies to Kenyatta’s running mate William Ruto, who together lead the Jubilee Coalition party. Both men face trial at the International Criminal Court (ICC) for alleged roles in orchestrating murder, rape and violence after the 2007 polls.

Judge Mbogoli Msagha said despite ICC charges, “every citizen has the right to vie for office… an accused person is presumed innocent until proven guilty”.

Around a hundred supporters of the pair – who were not present in court — celebrated after the ruling, chanting their names, shouting “elections now!”, and waving placards.

“Our march towards forming a Jubilee government is still on course,” Kenyatta wrote in a message on Twitter, shortly after the ruling.

“Thank you for all your support and prayers this far. God is Great!”
Ruto added in a Twitter message that he believed his “quest for leadership will be decided by the people of Kenya through the ballot.”

Activists had sought a ruling as to whether the pair should be allowed to stand for office, as under a new constitution introduced in 2010, leaders must rule with “integrity”.

“This is an issue that is within the exclusive jurisdiction of the Supreme Court,” the judges’ ruling said.

Moving the case to the higher court would require an application by the coalition of civil society organisations that launched the case.

“This is the official death of the constitution,” said Lempaa Suiyanka, a spokesman for the civil society groups said, noting that since they must pay the costs of Kenyatta and Ruto, they lacked funds to continue.

“We are constrained by time and resources, we have not decided whether we will proceed with the case or not,” Suiyanka added. – AFP.