Three petitioners have moved to clip the Supreme Court's powers to declare Azimio La Umoja flagbearer Raila Odinga as the president-elect.
Alshford Koome, Michael Asola, and Eric Githinji filed a lawsuit at the High Court court on Tuesday, August 23, seeking interpretation of Section 80 (4) of the Elections Act which allows the Supreme Court to order the Independent Electoral and Boundaries Commission (IEBC) to announce Raila as the winner of the August 9 polls.
"An election court may by order direct the Commission to issue a certificate of election to a President, a member of Parliament or a member of a county assembly if upon recount of the ballots cast, the winner is apparent," the Act reads.
With these powers, the apex court can order a recount of the presidential vote and direct IEBC to withdraw the certificate issued to William Ruto who was declared the president-elect on Monday, August 15.
In the petition filed as urgent, the petitioners want the High Court to give its interpretation of the Section, issuing prayers that the court declares it unconstitutional null and void.
They argued that handing over the supreme powers to the seven apex judges is a violation of the Procedure of a Presidential election as enshrined in Article 138 of the constitution.
The Article states that if no candidate is elected, a run-off shall be held within thirty days after the previous election. A run-off only allows the first two candidates who did not attain 50 per cent plus 1 vote to contest.
Consequently, they opined that the Supreme Court sticks to its mandate and either validates or annuls president-elect William Ruto's win. If annulled, then a repeat election is held within 60 days as dictated by Article140 of the Constitution.
On August 22, Raila filed a petition at the Supreme Court challenging the outcome of the election released by IEBC Chair, Wafula Chebukati.
Among his prayers were that the court led by Chief Justice Martha Koome order the electoral commission to recount the votes and declare the winner -subject to meeting the constitutional threshold.
"An order be and is hereby made consequent upon the nullification of the declaration of the results by the 2nd respondent (Chebukati), directing that the first respondent (IEBC) tally and verify the count...
"...and declare the first and second petitioners (Odinga and Karua) as duly elected as president-elect and deputy president-elect respectively," the petition read in part.
A total of nine petitions were filed contesting the August 9 General elections. The Supreme Court will deliver its ruling on the petitions on Monday, September 5, 2022.
