Four orders the Supreme Court may give on presidential election petition
Kenya's Supreme Court judges led by Chief Justice Martha Koome (C) flanked by her deputy, Philomena Mwilu (2nd L) and judges (from L-R) Isaac Lenaola, Smokin Wanjala, Mohamed Ibrahim, Njoki Ndung'u and William Ouko arrive to begin hearing the day's submissions from counsel representing president-elect William Ruto at the Supreme Court of Kenya in Nairobi on September 1, 2022, where the result of the national poll is being challenged by the Raila Odinga led Azimio political coalition. (Photo by Tony KARUMBA / AFP)
The Supreme Court on Friday concluded its
hearing of the presidential election petition, with the seven-judge bench
retreating to write their verdict that will be rendered on Monday.
Following the conclusion of the legal
showdown, all eyes are now fixed on the judges to administer their ruling which
will give the way forward for the country.
Regardless of the outcome on Monday, here are
the possible orders the court may make:
The apex
court may dismiss the petition by Azimio la Umoja One Kenya coalition party chief
Raila Odinga, thereby upholding the victory of President-elect William Ruto.
In a situation where the apex court quashes
the petition, the
court will likely declare Ruto as the duly elected 5th President of Kenya.
Validating
or invalidating the declaration made by IEBC
In
another possible outcome, the court may invalidate the declaration of Ruto by
the Independent Electoral and Boundaries Commission (IEBC) as the President-elect,
which will set the stage for the nullification of the August elections.
This will
be determined in adherence to Article 138(5)
of the Constitution.
Payment
of costs
Regarding
a situation where Odinga’s petition is thrown out and Ruto’s victory upheld,
the court will direct on the party which caters for the cost of the petition.
This
means that the legal teams representing the respondents (Ruto, IEBC) will be
catered for by the petitioner or as the court may deem fit depending on the
circumstances.
Determination
of Petition
According
to Article 163 (2) of the Constitution which stipulates that the judges of the
court shall, as far as practicable, form the bench for hearing and determining
the petition, their decision shall be final.
It will
mean that if Ruto’s victory is upheld, then he will be sworn in on
September 13, 2022, seven days after the delivery of the verdict.
Should they allow the petition, Ruto’s
declaration as President-elect will be nullified and a repeat State House race
conducted within 60 days.
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