Kenya’s SC upholds Ruto’s win in presidential election

Kenya’s Supreme Court has upheld the victory of former Deputy President Dr. William Ruto in the August 9 presidential election, after ruling on a number of petitions brought by his closest challenger Raila Odinga.

The unanimous verdict was delivered by Martha Koome, the chair of the seven-member court on Monday.

“We declare the election of the president-elect to be valid,” she said.

On August 15, Ruto had been declared the winner of the ballot by Wafula Chebukati, the Head of the Independent Electoral and Boundaries Commission (IEBC) with 50.4 percent of the vote to Odinga’s 48.8 percent.

In a dramatic split just before the announcement of the results, four of the seven commissioners disowned the result.

But CJ Koome said on Monday that “apart from their eleventh-hour denunciation of the verification process …the four commissioners have not shown any evidence that the election was compromised”.

Read the full judgement of the Supreme Court 

PEP E005 OF 2022 JUDGEMENT

Kenyan Supreme court validates William Ruto’s win

Kenya’s Supreme Court has unanimously validated the presidential election results of the vote held last August that saw vice president William Rutodeclared winner with 50.5% of votes.

Chief Justice and President of the Supreme Court Lady Justice Martha Koome delivered the verdict Monday afternoon by dismissing many of the petitions that alleged fraud in the technology used in the electoral process while recognizing what it called a serious malaise in governance of the electoral commision.

However the judge said the court concluded that the last minute “electoral rupture is insuffient to invalidate or annul the vote”. Judges also found no credible evidence that there was any tampering with the uploading of forms 34A to the public portal and no evidence of unexplained discrepancies between votes cast in various elective positions across the country and those cast in favor of the vice president William Ruto.

The lawsuit had sought to overturn the results of the presidential election and has left the East African nation in political limbo.

Opposition leader Raila Odinga, who failed to secure the presidency on his fifth attempt, along with six other parties, petitioned the court to nullify vice president William Ruto’s win. They alleged massive irregularities that compromised the fairness of the Aug. 9 vote. The official results showed Ruto secured 50.5% support and the veteran opposition figure Raila Odinga 48.8%.

While Wafula Chebukati, the chairman of the Independent Electoral and Boundaries Commission, defended the integrity of the election, four of the body’s other six members distanced themselves from his pronouncement, citing a lack of transparency over the count.

This, Justice Martha Koome described as a last minute rupture particularly since all members of the electoral commission had actively and fully participated in the process up until the point of disagrement.

A group of 5,000 local observers said the results were in line with its own parallel tallies. During the last presidential election in 2017, the Supreme Court overturned the election and ordered a new vote, a first in Africa.

Elections in Kenya have repeatedly been sources of violence. The deadliest, in 2007, left more than 1,100 people dead in politically motivated clashes and displaced hundreds of thousands.

Although the current electoral process has been largely peaceful, fears remain for any potential unrest.

Read the full judgement of the Supreme Court 

PEP E005 OF 2022 JUDGEMENT

William Ruto, who was declared winner of Kenya’s presidential election in August, said Sunday he would respect the Supreme Court’s decision expected Monday confirming or invalidating the results of the vote, disputed by his rival Raila Odinga.

Ruto, the outgoing vice president, was proclaimed the victor by the Independent Electoral Commission (IEBC) with about 233,000 votes (50.49 percent to 48.85 percent) ahead of Odinga, a veteran opposition figure backed this year by incumbent Uhuru Kenyatta and his Jubilee party.

But Odinga has rejected the outcome of the August 9 vote and filed a petition at the top court alleging fraud in the vote tallying process.

He said the IEBC’s servers had been hacked to enter falsified results and that about 140,000 votes had not been counted.

“Tomorrow, the Supreme Court will deliver its judgement on the Presidential election petition. Because we are country that adheres to the law, we will equally respect the decision of the court,” said William Ruto after a Sunday service in the central city of Nakuru.

“That is how we will be able to have an all-inclusive country. There is no bigger or lesser Kenyans, all Kenyans are equal before the law.”

Odinga’s running mate Martha Karua said Friday that the pro-Odinga coalition would also respect Monday’s decision.

“Our Constitution stipulates that if one is dissatisfied with the results, they have to seek legal redress and that is what we did,” she said, according to The Nation daily.

“When the verdict is out, we all respect that. We want to maintain peace but for this to be achieved there must be justice because peace without justice is not sustainable.”

During the last presidential election in 2017, the Supreme Court overturned the election and ordered a new vote, a first in Africa.

Elections in Kenya have repeatedly been sources of violence.

The deadliest, in 2007, left more than 1,100 people dead in politically motivated clashes and displaced hundreds of thousands.