The Supreme Court of Kenya confirms the election of William Ruto as 5th president of the country. “We are delighted that (Electoral Commission) has carried out the monitoring, counting and reporting of results in accordance with the Constitution,” say the judges in response to Raila Odinga’s petition.
Chief Justice Martha Koome, reading the judgment on behalf of the court’s seven members, said it had found “no credible evidence” that the electoral computer system had been interfered with or hacked, or that the technology employed by the commission failed to meet standards of integrity.
The verdict of Chief Justice Martha Koome, Deputy Chief Justice Philomena Mwilu and Justices Mohamed Ibrahim, Smokin Wanjala, Njoki Ndungu, Isaac Lenaola and William Ouko was delivered based on nine questions, including:
1. Whether the technology used by the IEBC to conduct the 2022 general elections meets standards of integrity, auditability, security and transparency to ensure accurate and verifiable results.
2. Whether there has been an interruption in the downloading and transmission of Form 34A from polling stations to the IEBC public portal.
3. Whether there was a discrepancy between the Forms 34A uploaded to the IEBC public portal and the Forms 34A received by the National Tally Center and the Forms 34A issued to poll workers.
4. Be it the postponement of gubernatorial elections in Kakamega and Mombasa counties, general elections in Kitui Rural, Kacheliba, Rongai and Pokot South constituencies, and Nyaki West county elections (Imenti North constituency) and Kwa Njenga in Embakasi South constituency removal for disadvantage led petitioners.
5. Are there unexplained discrepancies between votes cast for presidential candidates and other elective positions?
6. Whether the IEBC has conducted verification, counting and reporting of results in accordance with Sections 138 (3) (c) and 138 (10) of the Constitution.
7. If the declared President-elect obtained 50% + 1 of all the votes cast in accordance with Article 138, paragraph 4, of the Constitution.
8. Whether there were irregularities and illegalities of such magnitude that they affected the final outcome of the presidential election.
9. What remedies and orders can the court make?
The Supreme Court unanimously dismissed all 9 accounts by the petitioners including the main petitioner former Prime Minister Raila Odinga.
The decision marked another stinging defeat for his rival, Mr. Odinga, 77, who was making his fifth bid for the presidency, having lost the first four.
President elect William Ruto is expected to be sworn in on 13 September 2022.
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