The Supreme Court on Monday, September 5, 2022, issued a ruling that upheld Dr William Ruto’s win as the President-elect.
All seven judges agreed that the final declaration of the presidential election was as per the law.
In all the issues that the apex court had listed for determination, the petitioners provided no evidence contrary to what the IEBC had done.
One of the key issues raised was whether Dr Ruto had garnered 50 per cent plus one vote to be declared duly elected the next President.
In the unanimous decision, the court said he indeed met the minimum threshold, and that IEBC was right not to include rejected votes in the final count.
“It is not mathematical sound and that the rounding off of IEBC was correct. The petitioners did not offer a water-tight case,” Chief Justice Martha Koome said when reading the ruling on behalf of the other judges.
On the claim of doctored form 34As, the court found that there was no evidence to prove it.
The apex court also dismissed allegations that the IEBC portal was interfered with and the results forms changed.
“There were no significant differences captured between the Forms 34A uploaded on the public portal and the physical Forms 34A delivered to Bomas that would have affected the overall outcome of the presidential election,” said the court in its ruling.
Dysfunctional IEBC
Equally, the issue of walking out of the four IEBC commissioners and disowning the results was factored in.
The court pointed out that even though it is true the IEBC chairman cannot allocate himself the role of verifying the presidential results, the four had fully participated in the process.
In the final declaration issued by IEBC chairman Wafula Chebukati, Ruto garnered 7,176,141 votes (50.49 per cent), defeating Azimio flagbearer Raila Odinga who had 6,942,930 votes, representing (48.85 per cent).
And with the issue of the petition now behind us, preparations for the swearing-in ceremony of Ruto as the fifth president resumes.
He is expected to take an oath of office next Tuesday, September 13, 2022, in a public event.
