August 9

Supreme Court throws out Raila’s pet*tion, upholds Ruto’s win

Monday, September 5th, 2022 13:26 | By
Supreme Court of Kenya. PHOTO/Courtesy
Supreme Court of Kenya. PHOTO/Courtesy

The Supreme Court of Kenya, on Tuesday, September 5, 2022, upheld William Ruto's win following a presidential election petition by Raila Odinga.

In a judgement read by Chief Justice Martha Koome, the seven-judge bench unanimously ruled that the August 9 presidential election was conducted in line with the country’s constitution.

Chebukati had, on August 15, 2022, declared that Ruto, the Kenya Kwanza flagbearer won the election with 7,176, 141 votes, which is 50.49% of the total votes cast beating Raila, his Azimio la Umoja – One Kenya rival who garnered 6, 942, 930 votes (48.85%).

The judgment by Chief Justice Martha Koome, Deputy Chief Justice Philomena Mwilu, and judges Mohamed Ibrahim, Smokin Wanjala, Njoki Ndungu, Isaac Lenaola, and William Ouko was determined based on nine issues including;

1. Whether the technology deployed by the IEBC for the conduct of the 2022 general elections met the standards of integrity, verifiability, security, and transparency to guarantee accurate and verifiable results.

2. Whether there was interference with the uploading and transmission of Forms 34A from the polling stations to the IEBC Public Portal.

3. Whether there was a difference between Forms 34A uploaded on the IEBC Public Portal and the Forms 34A received at the National Tallying Centre, and Forms 34A issued to the agents at the Polling Stations.

4. Whether the postponement of gubernatorial elections in Kakamega and Mombasa counties, parliamentary elections in Kitui Rural, Kacheliba, Rongai and Pokot South constituencies and ward elections in Nyaki West (North Imenti constituency) and Kwa Njenga in Embakasi South constituency resulted in voter suppression to the detriment of the petitioners.

5. Whether there were unexplainable discrepancies between the votes cast for presidential candidates and other elective positions.

6. Whether the IEBC carried out the verification, tallying, and declaration of results in accordance with Article 138 (3) (c) and 138 (10) of the Constitution.

7. Whether the declared president-elect attained 50%+1 vote of all the votes cast in accordance with Article 138 (4) of the Constitution.

8. Whether there were irregularities and illegalities of such magnitude as to affect the final result of the presidential election.

9. What reliefs and orders can the court grant/issue?

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