NAIROBI, Kenya, Aug, 30 – The Supreme Court of Kenya has ruled on several contentious petitions on the presidential elections petition as to who will be allowed to participate in the case.
United Democratic Alliance party leader William Ruto’s plea to have six Independent Electoral and Boundaries Commission (IEBC) commissioners barred from participating in the 2022 presidential election petition case was rejected.
In his argument, the United Democratic Alliance (UDA) party leader argues that only the poll body and its chairperson should be allowed to participate in the high-profile case.
“The recent General Election was held by the Independent Electoral and Boundaries Commission (IEBC) and not the individual commissioners,” read a section of Ruto’s petition.
IEBC Vice Chairperson Juliana Cherera, Abdi Guliye, Boya Molu, Justus Nyang’aya, Francis Wanderi and Irene Massit are listed as respondents to the Raila Odinga petition.
He further says their involvement creates a second tier of petitioners and could possibly compromise the integrity of the case.
The petition further alleges that Ruto’s rights would be violated in the process and that the commissioners intend to prejudice him.
An application to bar the Law Society of Kenya (LSK) from being enjoined in the case was also rejected. Ruto had argued the law body could not be neutral since Azmio’s Martha Karua is a member.
LSK as well as the Attorney General were admitted as Amicus Curiae.
Presidential candidate David Mwaure who sought to be enjoined in the case was also locked out.
The Apex court rejected the application of Former legislator Moses Kuria who urged the court to throw out Azimio La Umoja-One Kenya Alliance Raila Odinga’s suit alleging that he was involved n election malpractices.
Curia will be refunded Sh 1 million he deposited for the case.
As the proceedings are set to be televised nationwide, the court also set grounds rules revealing that only four lawyers from each camp will be permitted inside the courtroom.
Raila has over 40 lawyers representing him while Ruto has 54 lawyers.
The main issue of this petition will no doubt be the split that rocked the polls body and particularly whether Chebukati made the right call to declare Ruto president-elect.
IEBC commissioners have been engaged in a war of words over how the polls were conducted and especially the final phase of the process that saw Ruto declared the winner of the contest.
Chebukati said that Ruto garnered 7,176,141 votes representing 50.49 per cent of the total votes cast nationwide.
“He achieved the minimum number of 39 counties at 25 per cent,” he said.
“In accordance with the constitution and the law, I Wafula Chebukati, Chairperson of the IEBC, hereby declare that Ruto William Samoei, has been duly elected as the president of the Republic of Kenya under the provisions of article 138 of the constitution in the presidential election held on August 9, 2022,”
Azimio La Umoja-One Kenya Alliance presidential candidate Raila Odinga emerged second in the race garnering, 6,942,930 votes. This represents 48.85 per cent of the total votes cast.
Other candidates in the race included Roots Party’s George Wajackoyah who garnered 61,969 representing 0.44 per cent of the total votes cast. He came in third in the race.
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