Kenya Elections: Supreme Court Sets Date For Pre-trial Hearing For Presidential Election Petition

Kenya Elections: Supreme Court Sets Date For Pre-trial Hearing For Presidential Election Petition

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By Spy Uganda Correspondent

The Supreme Court of Keya has scheduled a pre-trial conference for Tuesday, August 30, 2022, at 11 am following a petition challenging the results of the presidential election which was announced by the Independent Electoral and Boundaries Commission (IEBC) on August 15th.

IEBC declared William Ruto as the duly elected fifth President of Kenya after garnering 7,176,141 votes, representing 50.49 pc of the total votes.

His main rival and Azimio la Umoja-One Kenya Alliance presidential candidate Raila Odinga came in second after he got 6,942,930  votes representing 48 pc of the votes cast.

Azimio’s legal team filed a petition on Monday last week as stipulated by law seeking to overturn Ruto’s victory.

         Notice For Pre-trial Hearing

Aggrieved parties had seven days after IEBC announced the results to submit their petitions.

The Supreme Court is required to convene a pre-trial conference within 8 days from the filing of a presidential election petition.

The Supreme court provides an informal setting for all parties and the judges to identify the facts that are agreed upon or are in dispute, clarify the issues between the parties, and attempt to resolve them by way of a voluntary agreement.

The Supreme Court is then required to hear the election dispute petition immediately after the pre-trial conference and proceed to deliver a judgement within 14 days of the filing of the petition.

So far, nine petitions have been filed at the Supreme Court. All nine petitioners and their respondents are expected to participate in the pre-trial conference.

Apart from Azimio La Umoja one Kenya coalition party petition, other petitioners include John Njoroge Kamau, Daniel Kariuki Ngari, Juliah Nyokabi Chege, Khelef Khalifa, Okiya Omtatah, Youth Advocacy Africa and Reuben Kigame.

Chama Cha Kazi Party leader Moses Kuria has also petitioned the Supreme Court to deny Azimio La Umoja One Kenya Coalition Presidential Candidate Raila Odinga’s appeal to overturn President-elect William Ruto’s election victory.

Odinga and Karua are asking the court to declare the Presidential Election results declared on August 15 null and invalid in a complaint against the IEBC, its chairperson Wafula Chebukati, commissioners, and William Ruto.

Omtatah also petitioned that the results of the Presidential election released by the IEBC be annulled, claiming that no contender met the 50% + one criteria established in the constitution.

Khalifa is also requesting that the presidential election results be thrown out.

Kigame, on his part, is also requesting that the four presidential candidates’ nomination and clearance be revoked.

Kamau is asking the courts to shed light on whether the IEBC chairman erred by leaving out other commissioners from the final tally.

The Supreme Court led by Chief Justice Martha Koome will deliver its verdict on the election petition on 5th September to with annul or validate the presidential election.

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