Kenya Kwanza Alliance leader William Ruto's bid to be Kenya's fifth President faces a major hurdle after eight petitions challenging his victory were filed at the Supreme Court on Monday, August 22, 2022.
The petitions were filed by Azimio One Kenya coalition leader Raila Odinga and his running mate Martha Karua, Activists Okiya Omtatah and Khelef Khalifa, David Kairuki Ngari, Youth Advocacy Africa(YAA), John Njoroge Kamau and gospel singer Reuben Kigame clearly sets the stage for a major legal battle at the Apex court.
All the petitions are seeking the invalidation of Ruto's election and a repeat of a fresh presidential election in accordance with the constitution and Elections Act among other orders from the court.
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Odinga and Karua are seeking 23 reliefs, including an order for the invalidation of Ruto's election and for the IEBC be compelled to organize a fresh presidential election in strict conformity with the Constitution and Elections Act. The fresh election should not be presided over by IEBC Chairman Wafula Chebukati, they say.
The Azimio duo also wants the court to order the electoral body to allow access for the inspection of servers and scrutiny of the rejected and spoilt votes.
Supreme Court order scrutiny of servers
They want the seven judges of the supreme court led by Chief Justice Martha Koome to order for scrutiny and forensic audit of the Kiems kits, IEBC website and portal and the returns of presidential elections including Forms 34A, 34B and 34C.
Raila and Karua further seek to have the court overturn the election results declaring Ruto's win on the grounds that the IEBC and its Chairman made the decision without tallying and verifying results from 27 constituencies.
"That in complete and deliberate disregard of the separate and discrete role and functions of the IEBC and it's Chair, and in violation of Article 10(2)(a) and (c) of the constitution. Chebukati proceeded to unilaterally declare the final results of the presidential election without tallying and verification by the IEBC of the results from 27 Constituencies; and whose outcome or count has an effect on the final results and outcome of the presidential election," court papers read.
They further argue that the results declared by Chebukati are fraudulent and thus invalid, null and void because Ruto did not meet and or attain the Constitutional threshold of 50 per cent plus one of all votes cast in the election.
"Most significantly, there was an elaborate and fraudulent premeditated scheme to interfere with and undermine and defeat the integrity, credibility and security of the presidential election in violation and or contravention of Article 86(a) and (e) and other provisions of the constitution, " Karua says.
Raila states that the final results declared by Chebukati were not complete, accurate, verifiable or accountable.
Besides Azimio's coalition petition, other seven other lawsuits were filed at the highest court in the land.
In the petition by four human rights activists led by Khelef Khalifa, the director at Muslims for Human Rights (Muhuri), claims that the just concluded presidential election was badly conducted, administered and managed by IEBC.
The four activists claim that the electoral commission failed to comply with election principles and regulations during the polls.
According to the Petitioners, IEBC chair Chebukati erred in excluding other commissioners in the electoral process.
"There is no independent, stand-alone provision of the constitution that gives the IEBC chairperson any substantive power to do anything that appertains to any election whatsoever."
On their side, Youth Advocacy Africa(YAA) through Anthony Manyara, the East African Students Union president cited widespread irregularities and illegalities by the Chebukati-led commission in the conduct of the general elections and wants the same nullified.
In his petition, Reuben Kigame, who was disqualified from contesting the 2022 presidential contest is also pushing for a declaration that the presidential nomination and clearance of Ruto, Odinga, George Wajackoya and Waihiga Mwaure was null and void. Kigame is seeking a declaration that IEBC violated his rights.
On his part activist and Busia-senator elect Okiya Omtatah has also challenged the results of the presidential election that declared Ruto as president-elect and wants the same nullified and a new certificate of election to be issued by the IEBC to the person who the court establishes was duly elected as the president.
A voter John Njoroge Njoroge who was the first to petition the Supreme Court wants nine declarations among them that the constitutional mandate for tallying and verifying election results as received from the polling stations by the national tallying centre has to be undertaken by all the IEBC commissioners and not the chairman unilaterally.
His second prayer is for a declaration that the presidential election held on August 9 was not conducted in accordance with the constitution and the applicable law, rendering the declared results invalid null and void.
Another separate petition by Chama Cha Kazi party leader Moses Kuria and outgoing Mbeere South MP Geoffrey King'ang'i seeking dismissal of the suit lodged by Raila Odinga and Martha Karua over alleged election malpractices.
The two outgoing MPs claim that the Azimio party Chief Agents led by Saitabao Kanchory and others caused violence at the National tallying centre, Bomas of Kenya.
Kuria and King'ang'i also argue that Chebukati did not announce the results of the remaining 38 polling stations that had been verified after Azimo politicians attacked Chebukati.
According to the Supreme Court presidential election rules, the petitioners have a day to serve the respondents, who have four days to submit their replies. A day for those who wish to be enjoined in the petition and another day for preliminary hearings.
The seven Supreme Court judges will then hold a day for a pre-trial conference on Tuesday next week in which the judges will issue guidelines on how the hearing will be conducted, the time for presentation and rebuttal, and the sitting arrangements. The hearing will commence immediately after the pre-trial, which could be done on the same day.
The judges have six days to hear and write the judgment. The entire presidential election petition takes 14 days from the filing date.
The decision of the court will be final; it could uphold the commission’s declaration which means that President-elect will be sworn in on September 12.
But it could also declare the commission’s announcement null, paving the way for fresh elections to be held 60 days after the nullification of such a result
The petitions will be determined by the seven judges of the Supreme Court, led by Chief Justice and President of the Supreme Court Martha Koome.
Others are Lady Justices Philomena Mbete Mwilu (Deputy Chief Justice and Vice President of the Supreme Court), Njoki Susanna Ndung'u, Justices Mohamed Ibrahim, Dr Smokin Wanjala and Isaac Lenaola.
