Friday, September 30, 2022 – Former Prime Minister Raila Odinga is still shocked by the Supreme Court’s full judgment on his presidential petition that upheld President William Ruto’s victory.
While poking holes in the judgment, Raila and his Azimio wondered why the Martha Koome-led court decided to limit the powers of IEBC Chairperson Wafula Chebukati in the verification and declaration of presidential results, yet it still went ahead to uphold William Ruto’s controversial victory.
The coalition questioned why the court ruled that the chairperson does not have the powers to verify and declare results, yet it did not find his declaration of William Ruto as President-Elect null and void.
In a detailed analysis of the full judgment, Azimio maintained that the Supreme Court should have nullified the results announced by Chebukati based on its own decision to limit his powers.
“The SC proceeded to emphasize that “The Chairperson does not have executive, special or extraordinary powers with regard to the tallying or verification of results.” The evidence before the court was clear that the Commission had split into 4-3 with the majority rejecting the presidential results.
“The Court finds, like it had to, that there was a boardroom rupture and that the Commission has to act in unison, but curiously says there is no evidence of a violation of the Constitution. Indeed, the Court dismisses its own holding about all the members of the Commission being involved by calling the happening at IEBC as “quorum antics”,” the letter signed by Makau Mutua and lawyer Paul Mwangi slammed the apex court.
Further, Azimio posed whether the Koome-led bench would use its primary judgment in dismissing the petition to undertake its mandate.
“We wonder whether the Supreme Court itself would view a 3-4 ruling – with a majority of Judges in dissent – as the Judgment of the court,” Azimio posed.
The Kenyan DAILY POST.