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Government and Policy

9 Issues For Determination In The Presidential Petition

BY Lynnet Okumu · August 30, 2022 02:08 pm

Kenyans and the region will wait a little longer to confirm the new president, weeks after the country held polls on August 9, thanks to the nine petitions filed last week at the Supreme Court challenging the validity of the declaration of William Ruto as president-elect.

President-elect Ruto and the Independent Electoral and Boundaries Commission (IEBC) on Friday 26th August 202, filed their separate responses, setting the stage for a battle at the apex court.

According to the supreme court, the issues that will determine the outcome of presidential petitions in the August 9th polls include,

  1. Whether the technology deployed by IEBC met the standards of integrity, verifiability, and transparency to guarantee the credibility of results.
  2. Whether there was the interference of Form 34As from the polling station to the IEBC portal
  3. Whether there were differences between Form 34A on the portal, Form 34A at the National Tallying Centre, and Form 34A with the agents at the polling station.
  4. Whether the postponement of Gubernatorial, Parliamentary, and MCA elections resulted in voter suppression to the detriment of Azimio la Umoja Coalition
  5. Whether there were unexplained discrepancies between votes cast for president and other posts
  6. Whether IEBC conducted its mandate in accordance with 138(3)(c) and 138(10)
  7. Whether the President-elect got 50 percent plus one vote
  8. Whether there were irregularities and illegalities of such magnitude to affect the results/outcome
  9. What relieves, and orders can the court grant or issue

Meanwhile, among the petitions filed, the Supreme Court has rejected three applications, including President-elect William Ruto’s request to bar the Law Society of Kenya (LSK) from being enjoined in the 2022 presidential election petition.

Other rejected petitions include the application by Moses Kuria and Geoffrey King’ang’i, allies of Dr Ruto, who had filed a petition urging the apex court to throw out Raila Odinga’s suit, and the application by Agano party leader and presidential candidate David Mwaure to be enjoined in the case.

Also dismissed was the application to lock out individual Independent Electoral and Boundaries Commission (IEBC) commissioners from the petition.

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