The Supreme Court on Monday September 5 dismissed Azimio la Umoja One Kenya leader Raila Odinga’s petition to nullify William Ruto’s win.
The Supreme Court ruled unanimously that the evidence presented was insufficient to impact the outcome of the election.
The court also mentioned document forgery and cautioned lawyers against swearing affidavits on behalf of their clients.
The apex court also rejected claims that the president-elect did not reach the constitutional criteria of 50%+1 votes for a presidential election. The court rejected the mathematical formulas employed by petitioners in this case, validating Ruto’s victory.
On the Form 34As, the Supreme court determined that there was no major difference between electronically sent forms and forms delivered by road to the Bomas of Kenya. According to the seven-judge panel, the inconsistencies did not merit the invalidation of the election.
On the postponement of elections in some areas that were allegedly Azimio’s stronghold, the judges ruled that the postponement was not the result of malice, but rather a genuine error by the IEBC.
The court ruled that low voter turnout was observed across the nation and that there was no empirical evidence that postponing the election led to voter suppression.
The Azimio leader had also advocated for the invalidation of the elections due to the disparity between the results for the presidency and those for other elected offices. The IEBC said that certain voters, such as those in jails and the diaspora, only vote for the president. The court also acknowledged there were discrepancies but ruled that the stray ballots that were insufficient to invalidate the election results.
However, the court determined that Chebukati had violated the law by appointing himself to the nonexistent job of Presidential Returning Officer. The Supreme Court determined that the four opposing commissioners lacked persuasive evidence to demonstrate that the counting and verification procedure was faulty.
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