After five days of legal showdown, the Supreme Court is expected to give a ruling on the consolidated presidential election petition today.
The seven-judge bench will make a determination on the nine prayers sought by the petitioners including, among others, declaring the August 9, 2022 presidential election invalid, null and void.
Kenya became the first country in Africa and the fourth in the world to nullify a presidential vote when it overturned the election of Uhuru Kenyatta in 2017. Malawi would become the second in Africa the fifth in the world to do so when it overturned the election of Peter Mutharika in 2019 after a nine-month court battle.
In the event the court agrees with the Independent electoral and Boundaries Commission (IEBC) that President-elect William Ruto was duly elected on August 9, the latter will be sworn-in on September 13, 2022.
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If the apex court nullifies the presidential elections, as it did in 2017, it will order IEBC to conduct fresh elections within 60 days in strict conformity with all applicable laws.
However, the petitioners asked the court to; (a) declare IEBC, as currently constituted, unable to conduct free and fair elections; and (b) declare IEBC Chairman Wafula Chebukati unfit to hold constitutional office for lack of integrity.
If the court grants these prayers, new electoral commission shall be formed. The process ideally takes a couple of weeks. Whether a commission can be formed and a fresh election held within 60 days remains a matter of debate. The constitution does not anticipate a situation where the fresh presidential elections are not held within the 60 days after nullification.
“Who oversees the election in 60 days if the IEBC is indicted – and in its present state of internal dysfunctionalism? Does the Court issue a structural interdict where it supervises the elections itself? Will the opposition accept the chair to oversee this even with a court supervision? Would this process itself be give birth to another petition? Can the president run the clock through these cancellations until the term of the IEBC Chair runs out?” The East African posed.
In their presentation last week, the petitioners told the court that some Venezuelan foreigners were allowed access to IEBC’s system, effectively deciding the outcome of the August 9 presidential elections in favor of Dr Ruto. The respondents dismissed the allegations as “fictitious and irrelevant”.
With inflation rising, another election will have severe effect on the country’s economy. Already the inflation rate is at 8.5 per cent, the highest in 62 months. Kenya spent close to Ksh60 billion on the two presidential elections in 2017. Some Ksh44 billion were spent on last month’s polls alone. Another election means the figure can only go higher.
