By Joel Mufutu
The Supreme Court on Monday, September 5, 2022, validated the declaration made by IEBC over the presidential results.
IEBC chairman Wafula Chebukati had on August 15, 2022, declared Dr William Ruto the President-elect.
This is after Ruto garnered over 50 per cent plus one vote to defeat his main competitor Raila Odinga.
Vying on a UDA ticket, Ruto garnered 7,176,141 votes which represent 50.49 per cent of the valid votes cast to win the seat. Azimio’s Raila came second with 6,942,930 votes which represented 48.85 per cent.
“In accordance with the law, I, Wafula Chebukati, chairperson of the Independent Electoral and Boundaries Commission, hereby declare that William Ruto Samoei has been duly elected as the president of the republic of Kenya,” Chebukati declared at the Bomas of Kenya, the National Tallying Centre for the Presidential election.
Supreme Court
But following the declaration, the former Prime Minister formally filed a petition challenging the results at the apex court on August 22, 2022.
Article 163:3 of the constitution provides that only the Supreme Court has jurisdiction to hear and determine disputes relating to the presidential election.
“A person may file a petition in the Supreme Court to challenge the election of the president-elect within 7 days after the declaration of the results of a presidential election,” read part of Article 140 of the constitution of Kenya.
And once the petition was filed, the court had a maximum of 14 days to hear and determine it.
A decision made by the court is final – it cannot be challenged in any court.
But in making its determination, the 7 judges of the Supreme Court unanimously agreed that the August 9 presidential election was free and fair – dismissing the petition filed by Raila and six others.
Had the Supreme Court nullified Ruto’s win, a fresh election would have been held within 60 days of the declaration.
Swearing-in
But with the decision to uphold the results as announced by IEBC, plans for the swearing-in resume.
Meanwhile, President-elect William Ruto is expected to be sworn in on August 13, 2022, in a public event that will be held at the Moi International Stadium, Nairobi.
Further, Ruto will be sworn in as the fifth President before the Chief Justice.