President-elect William Ruto's victory in the August 9, General Election is in limbo due to alleged illegalities raised by his opponent, Azimio La Umoja's Raila Odinga.
Challenging the election results is an option Raila and his team are considering as they seek the Supreme Court's intervention. Raila, on Tuesday, August 16, disputed the results as null and void.
Ruto was gazetted with the Committee formed to oversee the handover of power also noting that the declaration of Ruto as president-elect had set in motion the necessary process for the assumption of office.
If Raila convinces the apex court to order a recount or nullify the election, Ruto's win could be re-called, similar to his gazettement by the Independent Electoral and Boundaries Commission (IEBC) chairman, Wafula Chebukati. Lawyer Apollo Mboya, who spoke to Kenyans.co.ke explained.
"Should Odinga's petition sail through at the Supreme Court, a re-count can be called and if Ruto loses then it shall re-call the gazette notice," Mboya stated.
"A repeat election is another scenario through which the Apex court can render Chebukati's notice inadmissible, should the challenger of the election outcome emerge victorious," Amboya added.
Mboya's sentiments were echoed by political scientist Mutahi Ngunyi who said that the Supreme Court can call for a re-count or run-off which would render the gazette invalid.
"There are two paths, court to order a recount of form 34B or two - seek a nullification based on illegalities," Ngunyi stated.
In a presser at the Kenyatta International Convention Centre (KICC), Raila affirmed he would move to the Supreme Court to challenge the election outcome.
This will be the third time Odinga has disputed the election. In 2013, the Supreme Court ruled in favour of President Uhuru Kenyatta but nullified his win five years later in 2017 when Raila raised election malpractices.
"Our view in Azimio is clear, the figures by Wafula Chebukati are null and void and must be quashed by a court of law. In our view, there is neither a legally and validly declared winner nor a president-elect.
"The law does not vest in the chairperson, the powers of a dictator to rule IEBC unilaterally. Decisions must be taken by consensus or by a vote of the majority," Raila lamented.
