The Supreme Court has conducted its pre-trial conference this morning, with all the parties interested in the August 9 General Elections, setting the stage for the hearing and determination of the case challenging the declaration of Dr William Ruto as president elect in the August 9 , 2022 General Election.
This comes after 7 days of receiving petitions, submissions and affidavits, in line with the constitutional timeline of hearing the petition within 14 days.
In the pre-trial conference this morning, chaired by Supreme Court President Martha Koome, the highest court in the land comprising 7 judges has framed nine issues for determination in the election petition, after considering the pleadings and submissions filed
The key petition was filed by Azimio la Umoja presidential candidate Raila Odinga , who is contesting the outcome of the the 2022 General Election.
Chief Justice Martha Koome says that the apex court will base its judgment after determining whether the technology deployed by the Independent Electoral and Boundaries Commission (IEBC) for the conduct of the 2022 general elections met the standards of integrity, verifiability, security and transparency to guarantee accurate and verifiable results.
The court will also seek to determine whether there was interference with the uploading and transmission of Forms 34A from the polling stations to the IEBC Public Portal.
They will seek to determine 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.
During the petition hearing, the judges will seek to establish whether the postponement of Gubernatorial Elections in Kakamega and Mombasa Counties, Parliamentary elections in Kitui Rural, Kacheliba Rongai and Pokot South Constituencies and electoral wards in Nyaki West in North Imenti.
They will also seek to find out whether there were unexplainable discrepancies between the votes cast for presidential candidates and other elective positions.
Another factor will be establishing 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.
They will further be seeking to find out whether the declared President-elect attained 50%+1 vote of all the votes cast in accordance with Article 138 (4) of the Constitution and Whether there were irregularities and illegalities of such magnitude as to affect the final result of the Presidential Election.
Meanwhile, the Supreme Court has effectively issued orders for the opening and inspection of ballot boxes for 15 polling stations for the recount of the ballot papers .The court has ordered that the exercise should be conducted within 48 hours
Earlier on, the Justice Martha Koome- led bench directed the consolidation of the seven petitions into one due to the petitions raising similar issues.
The court had also dismissed Moses Kuria’s petition seeking to dismiss the case that is contesting Kenya Kwanza Presidential candidate William Ruto who was declared president-elect. The court ordered that Kuria be refunded his KES 1M he had deposited as security.
The Supreme Court also dismissed an application to strike out Attorney General and Commissioners from the case. It however allowed the Law Society of Kenya (LSK) and ICJ Kenya to be enjoined as Amicus Curiae.