Chief Justice Martha Koome, on Friday, November 4, defended the Supreme Court judges over the use of controversial phrases in the ruling that validated President William Ruto's win.
CJ Koome explained that the seven-judge bench did not mean to demean or offend the Azimio la Umoja, led by former Prime Minister Raila Odinga, and their supporters.
The President of the Judiciary maintained that the words described the findings arrived at by the seven-judge bench.
"If you read the judgement and followed the reasoning, there is a reasoning for each of those conclusions. Those are English terms, perhaps they angered some people, but they were not meant to offend anybody,” she stated.
"It was just an expression of the finding of the evidence that was presented before the court because, for instance; there were some Form 34As which were brought, relying on evidence which was hearsay," she added.
Koome added that the court used an unproven hypothesis, another red herring and hearsay, as some of the evidence submitted at the apex court was photoshopped.
"The court went ahead to look at the original Form 34As to compare with those forms which were alleged to have been interfered with, and the court found that those forms were actually photoshopped."
"The court went ahead to ask for the ballot boxes from all the polling stations where those allegations emanated from, where there was said to be interference, and Kenyans watched when scrutiny was done of those original forms in the boxes comparing them with original forms that were brought by IEBC; that exercise took no less than 36 hours, and that’s why perhaps the court said we did all this but it turned out to be a wild goose chase."
She, however, declined to delve further into the court's findings, arguing that Martha Karua had moved to the East African Court of Justice (EACJ) to challenge the verdict.
Raila faulted the Supreme Court, arguing that the choice of words did not conform with the Judicial standards. He further claimed that the Judiciary was under State Capture by the Executive.
The African Union High Representative promised to rescue and reform the Judiciary and the Independent Electoral and Boundaries Commission (IEBC), two bodies he accused of subverting the people's will.
His presidential running mate, Martha Karua, filed a petition at the East African Court of Justice (EACJ) in Tanzania seeking clarity on the Supreme Court ruling.
"We are filing this reference not only to enable the truth to come to light, but also to secure guarantees of non-recurrence of failures in this sensitive area of elections in the future.
"We took our dispute to the Supreme Court, hoping for a fair hearing. However, it undermined the rule of law by violating the right to a fair trial," court documents read.
