Kenya Supreme Court has today on Monday, September 5, delivered final judgement on the petition challenging the outcome of last month presidential election.
The seven-member court which adjourned on Friday September 2, to consider the judgment after concluding the three-day hearing of the consolidated petition.
While issuing the judgment, The President of the Supreme Court of Kenya Lady Chief Justice Martha Koome said that there were no evidence of vote subtraction and addition, and that there was no middle person in the results transmission as alleged by the petitioners.
“There were no significant differences between the forms 34A uploaded on the IEBC portal and those submitted to the National Tallying Centre and given to agents of Presidential Candidates,” CJ Martha Koome.
Chief Justice dismissed the first allegation on use of election technology, saying that the technology employed during the election met the integrity, transparency and verifiability of the results and the court was not persuaded that the allegations that the technology did not meet the standard is a mare allegation.
On allegation 6; on verification of presidential results and the subsequent walkout by 4 IEBC Commissioners; the Chief Justice noted that apart from their 11th hour denounciation there is no evidence that the election was compromised .
“The 4 IEBC commissioners have not stated why they participated in the verification yet it was opaque…’
‘…are we to nullify an election on account of a last minute boardroom rupture? This we can not do…’ Lady Chief Justice Martha Koome
In the Supreme Court Judges view, the power to verify vests in the Commission itself. The chairman cannot arrogate himself powers to tally the results at the exclusion of other commissioners. However the 4 commissioners actively participated in the verification and took turns to announce the results.
On petitioners’ allegation that the vote cast were manipulated to give William Ruto a narrow victory for the tightly contested election, the Supreme Court said the petitioners didn’t present a watertight case to warrant the setting aside of results declared by the IEBC Chairman.
“7,106,569 was the 50% of total votes cast in the presidential election. President elect exceeded this amount and attained 50%+1 of the votes,” Lady Chief Justice Martha Koome
Here below is the Supreme Court Judgment Summary;
Allegation 1 on use of election technology; DISMISSED
Allegation 2 on alleged staging and alteration of results; DISMISSED
Allegation 3; was there a difference between forms unloaded on IEBC portal and those submitted to Bomas; DISMISSED
Allegation 4; Postponement of Gubernatorial elections in Kakamega and Mombasa was to trigger voter suppression; DISMISSED
Allegation 5; there were discrepancies between the number of votes cast in favour of the presidential candidates and those cast for candidates in other 5 elective positions; DISMISSED
Allegation 6; on verification of presidential results and the subsequent walkout by 4 IEBC Commissioners; DISMISSED
Allegation 7; President elect did not attain 50%+1 of the presidential votes cast; DISMISSED
Allegation 8; there were illegalities and irregularities affecting the final presidential results; DISMISSED
Presidential Election Petition DISMISSED.
The unanimous decision by the court, has upheld the 2022 Presidential Election that declared William Ruto President elect.
The ruling which was anxiously awaited in the country now brings the end to the long political battle.