Chief Justice Martha Koome said the petitioners failed to prove beyond reasonable doubt that there was electoral malfeasance to warrant annulment of William Ruto’s election.
Kenya’s Supreme Court on Monday unanimously upheld the election of President-elect William Ruto in last month’s presidential vote, paving the way for him to be sworn in next week on Tuesday.
She ruled; “This is a unanimous decision of the court and we make the following orders; The presidential election petition number E005 of 2022 as consolidated with presidential election petition numbers E001, 2, 3,4,7 and 8 of 2022 are hereby dismissed.”
“As a consequence, we declare the election of the first respondent as President-elect to be valid under Article 143 of the Constitution. This being a matter cutting across the public interest, we order that each party bear their own cost. It is so ordered.”
The Independent Electoral and Boundaries Commission (IEBC) chairman Wafula Chebukati, on August 15, 2022, declared William Ruto the winner after garnering 7,176,141 votes, representing 50.49 per cent of the total votes cast and he achieved the minimum number of 39 counties at 25%.
His main rival Raila Odinga of the Azimio La Umoja One Kenya coalition party got 6,942,930 votes representing 48 per cent of the votes cast.
While delivering the abridged version of the judgement, Chief Justice Martha Koome said the petitioners failed to prove beyond reasonable doubt that there was electoral malfeasance to warrant annulment.
“It is our finding that the declared President-Elect attained 50% +1 of all the votes cast in accordance with article 138.4 of the constitution,” she ruled.
The apex court also dismissed all of the nine petitions that had been presented before it to show the need to annul the election of President-Elect Ruto.
According to the Constitution, President-Elect Ruto is set to be sworn in next week Tuesday.
“The President-elect shall be sworn in on the first Tuesday following the fourteenth day after the date of the declaration of the result of the presidential election if no petition has been filed under Article 140; or The seventh day following the date on which the court renders a decision declaring the election to be valid, if any petition has been filed under Article 140.”
