NAIROBI, Kenya, Aug, 30 – Starting Tuesday and ending on Friday, the country’s Apex court, the Supreme Court is expected to kick off proceedings for the presidential election petition case where Azimio La Umoja -One Kena Alliance presidential candidate Raila Odinga is contesting the outcome of the polls that saw United Democratic Alliance’s (UDA) William Ruto declared president-elect.
Before the case kicks off in earnest, however, the supreme court judges are expected to deliver their preliminary rulings on various issues among them a petition by Ruto seeking to bar six commissioners of the Independent Electoral and Boundaries Commission (IEBC) from participating in the case.
The Kenya Kwanza supremo argues that only the poll body and its chairperson should participate in the presidential petition case and not the others since the elections were not conducted by ‘individuals’.
IEBC Vice Chairperson Juliana Cherera, Abdi Guliye, Boya Molu, Justus Nyang’aya, Francis Wanderi, and Irene Massit are listed as respondents to the Odinga petition.
Odinga through his lawyers has promised ‘a mother of all legal battles’ in the quest for justice.
It is alleged that IEBC failed to tally at least 140,000 votes and as such William Ruto who was declared president-elect did not meet the threshold required by law of 50 per cent plus one of the valid votes cast to be declared the victor.
“The actions we have taken are perfectly in line with the stipulations of our constitution on resolving electoral disputes. It affirms our deep belief in constitutionalism, rule of law, and a peaceful resolution of disputes including high sake ones like the presidential elections,” said Odinga.
Also on the table for the Supreme Court are two affidavits by the Head of Public, Joseph Kinyua, and the National Security Advisory Council, who admitted meeting Chebukati on August 15, 2022 but denied forcing his hand to declare a certain candidate as president-elect.
Several individuals are already seeking to be enjoined in the high-profile case including presidential candidate Prof George Wajackoyah, David Mwaure, The Attorney General, and The Law Society of Kenya, with the seven judges expected to rule on the matter even as Azimio urges the court to scrutinize the tallying of votes process in their petition.
Chief Justice Martha Koome alongside her team are expected to rule on the matter before 11 am.
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.
Agano party’s David Mwaure Waihiga who came in fourth garnered 31,987 votes which represents 0.23 per cent of the total votes cast.
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