Kenyans went to the polls to elect their leaders on 9th August 2022, the results announced after the tally of votes indicated that Kenya Kwanza coalition candidate William Somei Ruto had garnered 7176141 votes (50.49%) ahead of his immediate competitor and five time presidential candidate Raila Amolo Odinga who garnered 6,942,930 votes (48.85%).
Odinga with his running mate Martha Karua petitioned the supreme court seeking nullification of the results n grounds that the IEBC technology was compromised, the president elect did not meet the constitutional threshold of 50% +1 vote of the valid votes cast among other grounds. This was also backed by other petitions seeking the same from different people.
While delivering their judgement, the seven judge bench of the Kenya’s supreme court made the following declarations.
Judges are not convinced that the IEBC technology failed to deliver credible, and verifiable results and there was also no system bleach or entry by unauthorized access to the system by unauthorized people as alleged by Odinga’s team.
“Regarding the allegation that the integrity of the public portal was compromised, this was disapproved by evidence of consistent attributes such as unique time stamps and uniform PDF conversions at the polling stations’- Said Martha Koome
Court further found out that there was NO credible evidence was found that there was tempering of form 34s before being uploaded during the transmission of results.
“There were no significant differences captured between the Forms 34A uploaded on the public portal and the physical forms 34A delivered to Bomas that would have affected the overall outcome of the Presidential election”- Said Martha Koome While Delivering the judgement.
Court also found out at the postponement of Gubernatorial elections in Kakamega and Mombasa didn’t cause voter suppression since they were Raila Odinga’s strongholds, court also trashed this allegations because it was a logistical issue that acted in good faith.
In regards to the conduct of the IEBC chairperson and his other four commissioners including his vice chairperson Juliana Cherera who disowned the presidential results, court found out that the power to verify and declare is under the commission not the chairperson as Chebukati did to the exclusion of other members.
However, court indicates that the four commissioners were fully involved in all the activities at the Bomas of Kenya until the last hour when the declaration was about to be made.
“We find that the 4th, 5th, 6th and 7th respondents actively participated in the tallying and verification process. They were present and active.” – said Martha Koome
On whether the president elected and declared by IEBC garnered the constitutional threshold of 50%+1 vote of the valid votes cast. Court found that IEBC mathematics was right and the declared candidate got the constitutional threshold.
These and other declarations were made by the court today afternoon.
In conclusion, the court upheld the election of William Somoei Ruto as Kenya’s fifth President.
