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Kenya poll petition: The 9 issues the judges will consider

Tuesday August 30 2022
Kenya's Supreme Court judges.

Supreme Court of Kenya judges (from left) Isaac Lenaola, Smokin Wanjala, Philomena Mwilu (deputy CJ), Martha Koome (Chief Justice), Mohamed Ibrahim, Njoki Ndung’u and William Ouko on March 31, 2022. PHOTO | POOL

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By BRIAN WASUNA

The Supreme Court of Kenya has framed the nine issues they will consider to determine the presidential petition challenging the declaration of Dr William Ruto as President-elect.

During the pre-trial conference at the Supreme Court on Monday, Chief Justice Martha Koome read out the areas the seven-judge bench will consider as parties to the petition submit their evidence.

Hearings began Tuesday, and the verdict of the top court is expected on Monday, September 5.  

These are the issues the judges will consider:

  1. 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.
  2. Whether there was interference with the uploading and transmission of Forms 34A from the polling stations to the IEBC Public Portal.
  3. Whether there was a difference between Forms 34A uploaded on the IEBC Public Portal and Forms 34A received at the National Tallying Centre and Forms 34A issued to the Agents at the Polling Stations.
  4. 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 Constituency and Kwa Njenga in Embakasi South Constituency resulted in voter suppression to the detriment of the Petitioners in Petition No. E005 of 2022.
  5. Whether there were unexplainable discrepancies between the votes cast for presidential candidates and other elective positions.
  6. 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
  7. Whether the declared President-elect attained 50%+1 vote of all the votes cast in accordance with Article 138 (4) of the Constitution.
  8. Whether there were irregularities and illegalities of such magnitude as to affect the final result of the Presidential Election.
  9. What reliefs and orders can the Court grant/issue?
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