He said the decision of the court, which annuls the results of that country’s August 8 presidential polls, serves as a shining example to other African countries.
The electoral commission of Kenya after a tense election declared incumbent president Uhuru Kenyatta as winner of the polls.
But opposition leader and Mr. Kenyatta's main contender, Raila Odinga went to contesting the outcome of the elections and insisting that the Commission's soft was hacked to allow for the manipulation of the results.
Mr Odinga and his co-petitioners maintained there were widespread irregularities in the elections that their integrity had been compromised.
Kenya’s Supreme Court in a landmark ruling Friday nullified the election that saw incumbent president Uhuru Kenyatta re-elected for another term.
The Chief Justice of Kenya, David Maraga, reading the 4 – 2 majority decision, said there were widespread irregularities which affected the credibility of the election results.
The highest court of Kenya said the elections said the 8 August election had not been "conducted in accordance with the Constitution" and that results, as declared by the electoral commission, were "invalid, null and void".
It, therefore, ordered the electoral commission to reorganize fresh elections in 60 days.
Commenting on this on Joy FM’s Midday News, Mr Lardy Anyenini said Kenya’s constitution has progressive provisions which formed the basis for the decision.
Comparing the provisions of the Kenyan Constitution relating to election petitions, and those in Ghana’s 1992 Constitution, Mr. Anyenini said the Kenyan law certainly has valuable lessons for Ghana and other African countries.
Unlike the Ghanaian constitution which does not state the period within which an election petition is to be determined, the Kenyan Constitution, he said, states clearly that an election petition after it has been filed must be heard and determined in 14 days.
Ghana’s constitution has provided for 21 within which to file a petition after the declaration of the results but does not state the period for trial.
The 2013 presidential election petition travelled eight months after it was filed. The Supreme Court gave its judgment on August 29, 2013.
The Kenyan Constitution, however, provides that a candidate has seven days after the declaration of election results to bring a petition and the court has 14 days to hear it.
Samson argues that if the Ghanaian Constitution was as concise and definite as that of Kenya, the 2013 election petition would not have dragged as it did.
The private legal practitioner also commented on a request by Raila Odinga that the electoral officers who presided over the flawed elections by imprisoned.
He said the rules provide that where electoral officers willfully engage in electoral malpractice, punitive sanctions may apply against them.
Some of the sanctions may include being prohibited from participating in the organization of any elections in the future, he stressed.
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