The Supreme Court has ruled that William Samoei Ruto was validly elected as the 5th President of the Republic of Kenya.
The unanimous verdict by seven judges was today delivered in a consolidated petition seeking to overturn Ruto’s victory on claims that the electoral commission manipulated the votes to favour him.
Chief Justice Martha Koome who delivered the verdict also said that the Independent Electoral and Boundaries Commission (IEBC) and the Chairperson Wafula Chebukati were right in rounding off percentages.
The judgment was determined based on nine issues including;
Whether the technology deployed by the IEBC for the conduct of the 2022 general elections met the standards of integrity, verifiability, security, and transparency to guarantee accurate and verifiable results.
Whether there was interference with the uploading and transmission of Forms 34A from the polling stations to the IEBC Public Portal.
Whether there was a difference between Forms 34A uploaded on the IEBC Public Portal and the Forms 34A received at the National Tallying Centre, and Forms 34A issued to the agents at the Polling Stations.
Whether there were unexplainable discrepancies between the votes cast for presidential candidates and other elective positions.
Whether the declared president-elect attained 50%+1 vote of all the votes cast in accordance with Article 138 (4) of the Constitution.
Whether there were irregularities and illegalities of such magnitude as to affect the final result of the presidential election
Whether the IEBC carried out the verification, tallying, and declaration of results in accordance with Article 138 (3) (c) and 138 (10) of the Constitution.
Whether the postponement of gubernatorial elections in Kakamega and Mombasa counties, parliamentary elections in Kitui Rural, Kacheliba, Rongai and Pokot South constituencies and ward elections in Nyaki West (North Imenti constituency) and Kwa Njenga in Embakasi South constituency resulted in voter suppression to the detriment of the petitioners.
What reliefs and orders can the court grant/issue?
By Vivian Moraa