Kenya’s Supreme Court has ruled in favor of president-elect William Samoei Ruto dismissing several petitions seeking the annulment of the August 9th, presidential election results.
A 7 member court issued verdict on the 2022 Kenya election petition, Upholding president-elect William Ruto’s election victory.
The unanimous verdict was delivered on Monday afternoon by Kenya’s Chief Justice Martha Koome at City Courthouse, in the capital-Nairobi.
Ist Petitioner, Raila Odinga had alleged through his lawyers that the August 2022 Kenya presidential election was marrd with violence, corruption, intimidation, innacurency and lacked transparency contrary to artical 81 of the constitution of Kenya.
Brief submission indicate that Court rejected arguments from petitioners’ lawyers citing no evidence, ” there were no substantial evidence adduced in support of the claims,” stated Chief Justice Martha Koome.
Lawyer for the first Petitioner, Julie Soweto had urged that technical errors and human interferences could have jeopardized accuracy contrary to Article 81(e)(v) of the constitution of Kenya, which requires that an election is administered in an impartial, neutral, efficient, accurate and accountable manner.
“Petitioners raised claims that their were external interferences on form 34A as uploaded on the commission’s portal that could have led to innacurency on the final vote count but did not relay evidence” asserted chief Justice Martha Koome.
Court also found the Amicus curiae submition wanting.
According to Court, the burden and standard of proof in the case were more elusive than substantive.
Court further termed lawyer Julie Soweto’s submition as missguiding hot air and warned lawyers for swearing misleading affidavits which may lead to perjury.
Chief Justice Martha Koome confirmed that the sanctity of the Independent Electoral and Boundaries Commission [IEBC] acted within it’s mandate, adequately explained how the system capture the information and Court found the explanation reliable beyond reasonable doubt.
Inside a strongly assertive judgement, the Supreme Court quashed prayers that sought for the nullification of president-elect William Ruto’s victory, “We declare the election of the president-elect to be valid,” said Koome.
Addressing journalists shortly after the verdict, senior Lawyer for the first petitioner, James Orengo categorically stressed that he did not agree with the verdict, ” I want to say without fear of contradiction that we do not agree with the verdict. In accordance with the law, we respect the judgment but in our jurisprudence the verdict does not conform with fair dispensation of justice,” noted Senior Lawyer, James Orengo.
“As you know, we wanted a comprehensive audit on all tools
used by the IEBC but Court faulted time as the obstacle. We are independent citizens, we are entitled to disagree and to this, we disagree vehemently,” he added.
According to political analysts, the verdict further strengthens and validates the legitimacy of Ruto’s election victory.
On August 15, Wafula Chebukati, the chairperson of the Independent Electoral and Boundaries Commission-IEBC of Kenya declared Ruto winner of the 2022 Kenya presidential election with 50.4% of against Odinga’s 48.8 %, Odinga banking on the controversies within IEBC sought redress from the Supreme Court 6 days later.
The Supreme Court ruling today upholds and paves way for president-elect, Ruto to take oath in 7 days time as rooted by Article 141(1)(a)of the constitution of Kenya which stresses that the president-elect shall take oath on the seventh day following the date on which the court renders a decision declaring the election to be valid, if any petition has been filed under Article 140.
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