By Enyichukwu Enemanna
The Supreme Court of Kenya on Tuesday commenced sitting on the suit brought before it by former Prime Minister and the presidential candidate of Azimio La Umoja, Raila Odinga challenging the victory of the Deputy President president, William Ruto as the president-elect in the August 9 presidential election.
The seven man Justices of the Supreme Court led Martha Koome commenced pre-trials on Tuesday, following two affidavits that were on Monday struck out.
“The judiciary has had an opportunity to settle two election petitions of the nature set out under artical [inaudible] of the constitution. The judiciary is experienced in settling the question, Kenyans have faith in the judiciary. We must all have faith in the judiciary and I am sure that this election petition will be handled well by the Supreme Court, and the outcome shall be respected,” said Tom Ojienda, Raila Odinga’s lawyer.
Odinga, 77 was running for the fifth time in the presidential election and enjoyed the support of the incumbent President Uhuru Kenyatta.
His party, lost the election by some 230,000 votes (50.49% to 48.85%).
In the previous ruling, the judges ruled out Odinga’s involvement in the chaos that happened st the national tally center at BOMAS of Kenya when the chairperson of the electoral commission wanted to declare the president-elect.
In a statement to the court, Ruto said Odinga had in the past “systematically challenged the results of the presidential election and fomented national crises after losing. He accused the former prime minister of trying “to try his luck again by forcing a new candidacy through judicial means.
It is “against the public interest to keep the country in a perpetual election campaign,” Mr. Ruto said, adding that the uncertainty would further damage Kenya’s deteriorating economy, which is already struggling with high inflation.
According to the 72-page petition, the Odinga camp claims that 140,028 ballots were not counted and that “this significantly affects the final results, hence none of the candidates reaches the constitutional threshold of 50%+1 votes” to win the election in the first round.
The Supreme Court is expected to deliver its ruling not later than September 5.
If the judges order the cancellation of the election, a new election must be held within 60 days.
Odinga had called the results announced by the electoral commission (IEBC) a “travesty.”
Odinga also challenged his electoral losses in 2013 and in 2017.
In 2017, the Supreme Court invalidated the presidential election due to “irregularities” and ordered a new election, a first in Africa.
