The Supreme Court of Kenya has released the detailed full judgment on the Presidential election petition 2022 that upheld the election of President William Ruto.
On 5th September, 2022 the 7 judge bench, unanimously dismissed the consolidated Presidential Election Petition challenging the Presidential Election held on 9th August, 2022. The Court was not persuaded that the technology deployed by IEBC failed the standard of Article 86(a) of the Constitution on integrity, verifiability, security and transparency.
Whereas there was failure of KIEMS kits in 235 polling stations, the affected voters were granted the right to vote manually.
The Court held that the petitioners failed to establish to the required standard that there was interference with the uploading and transmission of Forms 34A from the polling stations to IEBC’s public portal.
The Court found that the declared President-elect attained 50%+1 of all the valid votes cast in accordance with Article 138(4) of the Constitution. Further, in calculating whether a Presidential candidate has attained 50% +1 of votes cast in accordance with Article 138 (4) of the Constitution only valid votes cast can be considered. Rejected ballot papers are void and incapable of conferring upon any candidate a numerical advantage.
Read the full judgment here: Supreme Court judgment
