Following the August 09th 2022 Kenyan presidential elections which were disputed by the 5th time in row contender, Raila Amolo Odinga, who consequently petitioned court with a prayer to nullify William Someo Ruto’s win, the supreme court of Kenya, has upheld Ruto as the elected president of Kenya.
The unanimous verdict was pronounced by Martha Koome, the chairperson of the 7 member justices court.
1.On 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.
THE PETITIONERS FAILED TO PROVE OTHERWISE
2. ON Whether there was interference with the uploading and transmission of Forms 34A from the polling stations to the IEBC Public Portal.
THERE WAS NOT A SINGLE INTERFERENCE ON THE WANJIKU VOTE TO THE TALLYING CENTRE. THE PETITIONER FAILED TO PROVE BEYOND ANY REASONABLE DOUBTS THE CLAIM OF INTERFERENCE AND HOW IT AFFECTED THE ELECTRONICALLY TRANSMITTED VOTES
3. ON 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.
THERE WERE NO DIFFERENCES ON THE DIGITAL AND ANALOGUE FORMS AS TALLIES IF BOTH WERE COINCIDENTALLY THE SAME AS DECLARED BY IEBC CHAIR CHEBUKATI
4. ON Whether the postponement of Gubernatorial Elections in Kakamega and Mombasa Counties, Parliamentary elections in Kitui Rural, Kacheliba Rongai and Pokot South Constituencies and electoral wards in Nyaki West in North Imenti Constituency and Kwa Njenga in Embakasi South Constituency resulted in voter suppression.
THE POSTPONEMENT DID NOT AFFECT THE PRESIDENTIAL ELECTIONS OUTCOME.
5. ON Whether there were unexplainable discrepancies between the votes cast for presidential candidates and other elective positions.
THE DEFENCE TEAM EXPLICITLY EXPLAINED THE MINOR VARIANCES BETWEEN THE PRESIDENTIAL VOTES AND OTHER SEATS
6. ON 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.
THE KENYAN CONSTITUTION IS A PROGRESSIVE ONE AND DID NOT FORESEE SOME CIRCUMSTANCES. THIS CANNOT BE USED AGAINST THE 9TH DEFENDANT PRESIDENT RUTO
7. ON Whether the declared President-elect attained 50%+1 vote of all the votes cast in accordance with Article 138 (4) of the Constitution.
THE PETITIONER FAILED TO PROVE THAT PRESIDENT ELECT RUTO DID NOT ATTAIN THE 50+1% MAINA KIAI 2017
8. ON Whether there were irregularities and illegalities of such magnitude as to affect the final result of the Presidential Election.
DESPITE THE IRREGULARITIES NOTED, THE PETITIONERS FAILED TO CORRELATE THEM WITH HOW THEY AFFECTED THE CHEBUKATI DECLARED RESULTS.
9.THEREFORE What reliefs and orders can the Court grant or issue?
*RELIEF ORDERS*
PREAMBLE
THE SOVEREIGN WILL OF WANJIKU THE VOTER IS PARAMOUNT DESPITES ISSUES RAISED, THEREFORE;
1. WE HEREBY UPHOLD RUTO WIN
2. WE HEREBY RECOMMEND THAT PARLIAMENT AND RELEVANT ORGANS NEED TO IMPROVE LEGISLATION ON OPERATION OF COMMISSIONERS AND THE COMMISSION WITH CLARITY ON ROLES WITH CHECKS AND BALANCES
Raila Amolo Odinga has finally conceded defeat and wished Ruto and his team well.
“I hope the incoming government shall have the fidelity to our constitution and implement it to the letter for the betterment of our people, in this regard, wish the president elect honourable Ruto and his team well”. Raila in a televised speech stated immediately after the court verdict.