The Supreme Court judges are set to convene at 4:00 pm to deliver a ruling on nine issues raised in court ahead of the presidential petition hearing and determination.
This is after a seven-judge-bench kicked off the pre-trial conference of the presidential election petition to formulate timelines, issues to be discussed and determined in the main trial.
The judges settled on nine key issues to be discussed and determined in the main trial.
Chief Justice Martha Koome said that after consolidating the petitions, the court had settled on nine issues for determination.
“The court having considered the printings that were filed, the submissions and all documents that were filed we have framed nine issues,” Koome said.
The nine key issues are;
- Whether the technology deployed by IEBC met standards of integrity, verifiability, security and transparency to guarantee accurate and verifiable results.
- Whether there was interference with uploading and transmission of forms 34A from polling stations to the IEBC public portal.
- Whether there was a difference between forms 34A uploaded in the portal and those received at the National Tallying Centre and forms 34A issued to agents at polling stations.
- Whether postponement of gubernatorial elections in Kakamega and Mombasa counties, parliamentary elections in Kitui Rural, Kacheliba, Rongai and Pokot South, and Nyaki West and Mukuru kwa Njenga wards resulted in voter suppression to the detriment of the petitioners in petition number E005/2022.
- Whether there were unexplained discrepancies between votes cast for presidential candidates and other positions.
- Whether IEBC carried out verification, tallying and declaration of results in accordance with provisions of articles 138 (3) (c) and 138 (10).
- Whether the declared president-elect attained 50 per cent plus one vote of the total votes cast in accordance with article 138 (4) of the Constitution.
- Whether there were irregularities and illegalities of such magnitude as to affect the final result of the presidential election.
- What reliefs and orders can this court (Supreme Court) issue.
During the earlier session, the supreme court declined to rule in favour of affidavits filed by president-elect William Ruto to strike out the four commissioners’ individual responses and the Attorney General.
Additionally, the apex court has admitted the Law Society of Kenya (LSK) as amicus curiae.
Further, two petitions by Agano Party’s Waihiga Mwaure and Reuben Kigame, were stricken out by the top court in the country.