The fate of President-elect William Ruto lies in the hands of seven judges of the Supreme Court after eight petitions challenging his victory were filed on Monday, August 22, 2022.
The petitions filed by, among others, Azimio One Kenya coalition flag bearer Raila Odinga and his running mate Martha Karua, are seeking the nullification of the Kenya Kwanza Alliance leader's victory over alleged electoral irregularities.
Azimio's petition drawn and filed by Paul Mwangi and Company Advocates pokes holes into the electoral process and tallying of the final presidential results by the Independent Electoral and Boundaries Commission (IEBC).
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"The manner in which the 09th August 2022 presidential election was conducted, graduated beyond contumacious disregard for The Constitution, the rule of law, the national values and principles of good governance, and the lawful authority of the Court; to premeditated unlawful and criminal subversion of the integrity and constitutionality of the electoral process in order to assist and secure a fraudulent result," the petition read in part.
Citing deep divisions in the commission that saw four commissioners disown results announced by Chebukati last week, Azimio argues the electoral process lacked transparency and accountability.
Here are 7 judges of the Supreme Court, who will hear and determine the issues raised by Azimio.
Chief Justice Martha Koome
Martha Koome is the President of the Supreme Court of Kenya.
She took over as Chief Justice in May 2021 following the retirement of David Kenani Maraga.
The 62-year-old law graduate from the University of Nairobi is the first woman to hold the position of Chief Justice in Kenya.
She boasts of over 34 years of experience in legal practice having joined the Judiciary in 2003. Prior to joining the third arm of government, she was a human rights defender.
DCJ Philomena Mwilu
Philomena Mwilu is the Deputy Chief Justice of the Republic of Kenya.
The 64-year-old has served as Vice President of the Supreme Court of Kenya since 28 October 2016.
The alumna of the University of Nairobi's Law School boasts of over 35 years of legal practice. Mwilu acted as Chief Justice between January 11, 2021, and May 2022 when Maraga proceeded to mandatory retirement upon attaining the mandatory age of 70 years.
Mwilu was appointed as a Judge of the High Court in 2007 and rose to the Court of Appeal in November 2012 and subsequently to the Supreme Court in 2016.
She was part of the bench that nullified the presidential election petition filed by Raila's National Super Alliance (NASA) coalition in 2017.
Justice Mohamed Ibrahim
Justice Mohammed Ibrahim was appointed a Judge of the inaugural Supreme Court of Kenya on June 16, 2011. He is the Chairperson of the Judiciary Committee on Elections having been appointed on August 16, 2021.
The University of Nairobi law graduate was also part of the bench that nullified the presidential election petition filed by Raila's National Super Alliance (NASA) coalition in 2017.
Justice Njoki Ndung'u
Justice Ndugu is a judge of the Supreme Court and Advocate of the High Court of Kenya. She holds both a Masters in Law Degree (LLM) in Human Rights and Civil Liberties and a Diploma in Women’s Rights.
She has previously worked as State Counsel in the Office of the Attorney General; Programme Officer at the Institute for Education in Democracy; National Protection Officer at United Nations High Commission for Refugees and Political Analyst in Conflict Management at the African Union.
Justice Smokin Wanjala
Justice Wanjala was appointed judge of the Supreme Court in 2011.
Justice Wanjala holds a Bachelor of Laws (LL.B, Hons.) from the University of Nairobi, a Post Graduate Diploma in Law from the Kenya School of Law, a Master of Laws (LL.M) from Columbia University, New York, and a Doctorate in Law (PhD) from the University of Ghent, Belgium.
Before his appointment to the Supreme Court of Kenya, Justice Wanjala served as a Law Lecturer and later, Senior Lecturer at the University of Nairobi for nineteen (19) years (1986-2004).
Justice Isaac Lenaola
Justice Isaac Lenaola joined the Supreme Court bench in October 2016 following an appointment by President Uhuru Kenyatta.
He joined judicial service in 2003 and worked as Resident Judge in Embu, Meru, Machakos and Kakamega High Courts.
He is an alumnus of the University of Nairobi and Kenya School of Law.
Justice William Ouko
Justice William Ouko is the latest entrant to the Supreme Court, having been appointed judge of the Apex court in May 2021.
Ouko, who boasts of 35 years of experience in the legal profession, was among 10 candidates shortlisted for the position of Chief Justice in interviews that were conducted between April 12 – 23, 2021.
He lost to Justice Martha Koome, also from the Court of Appeal.
