William Ruto.

The Supreme Court in Kenya has today upheld the election of William Samoei Ruto as Kenya’s fifth president.

The Chief Justice Martha Koome-led Bench unanimously threw out a petition by Azimio la Umoja One Kenya Coalition candidate Raila Odinga, who argued the declaration of Dr Ruto was null and void.

Justice Koome said that the court will issue a summary, and then give the full judgment after 21 days.

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The court in its considered view, found no evidence of a man in the middle server and no evidence was produced to show that the Independent Electoral and Boundaries Commission (IEBC) chairman Wafula Chebukati and other IEBC staff were involved. 

Justice Koome also said that the Supreme Court found no significant differences found between forms uploaded on portal and forms delivered to Bomas, at the IEBC National Tallying Centre. 

“No credible evidence was given to show forms given to agents were different,” CJ Koome said. 

The court also found that affidavits by two of Mr Odinga’s experts not admissible. “There is nothing to show that Raila asked the two people to swear affidavits. We must remind counsel who appear before this court or any other court that swearing to falsehoods is a criminal offence,” she siad. 

The Court also dismissed the contents of the affidavit of John Mark Githongo, adding that it may have contained  falsehoods. “No admissible evidence was presented to show that forms 34A were manipulated. The affidavits amount to double hearsay,” Justice Koome said.

IEBC chairman Wafula Chebukati on August 15, six days after the General Election declared Dr Ruto as the president elect after he garnered 7,176,141 million votes (50.49 percent) against Mr Odinga’s 6,942,930 million votes (48.85 percent).

Ruto will swear in as Kenya’s next President on 13th September 2022.

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