The Kenyan Supreme Court has upheld the election of William Samoei Ruto as Kenya’s fifth president, beating long-time opposition leader, Raila Odinga, to become the country’s youngest Head of State.
The seven-judge bench led by Chief Justice Martha Koome unanimously threw out a petition by Azimio la Umoja One Kenya Coalition candidate Raila Odinga, who argued that the declaration of Dr Ruto as President-elect was null and void.
While issuing the judgement Monday, CJ Koome said the court is not persuaded that the technology used by the Independent Electoral and Boundaries Commission (IEBC) while conducting the election failed the test and that there was no credible evidence showing that there was the interference of forms during transmission.
“No credible evidence meeting standard of proof was adduced by petitioners. The scrutiny report did not reveal any security breaches of the IEBC systems. We are satisfied that the inconsistencies and inaccuracies identified during the audit were addressed,” said the Chief Justice.
The court also found that affidavits by two of Mr Odinga’s experts were not admissible.
“There is nothing to show that Mr Odinga asked the two people to swear affidavits. We must remind counsel who appear before this court or any other court that swearing to falsehoods is a criminal offence,” she said.
The Court also dismissed the contents of the affidavit of John Mark Githongo, adding that it may have contained falsehoods.
“No admissible evidence was presented to show that forms 34A were manipulated. The affidavits amount to double hearsay,” Justice Koome said.
On the affidavit of Gacharaigu, the court said this turned out to be hot air, adding that the Kiems kit relating to Psongoiywo Primary School was presented as a manufacturer error.
CJ Koome also said that the court failed to see how by postponing elections, IEBC was targeting voter suppression.
“The absence of any empirical data bars the court from finding that IEBC suppressed voting in Mr Odinga strongholds,” she said.
On whether there were unexplainable variances in votes cast for President and other elective positions, the Supreme Court determined that not a single document was presented by the first petition to prove ballot stuffing.
Meanwhile, Azimio One Kenya Deputy Presidential Candidate Martha Karua has said that she disagrees with the findings of the Supreme Court that has thrown out Azimio’s petition and upheld the win of President-elect William Ruto.
The coalition had previously promised that it will accept the verdict of the Supreme Court, adding that they went there to seek the truth.
