The Kenyan Supreme Court has upheld the election of William Samoei Ruto as Kenya’s fifth president, summing up the meteoric rise of a man who defied his boss and the sitting administration to be the country’s youngest Head of State.
Justice Koome said that the court will first issue a summary, and then give the full judgment after 21 days.
The court, in its considered view, found no evidence of hacking and that no evidence was produced to show that the Independent Electoral and Boundaries Commission (IEBC) chairman Wafula Chebukati and other IEBC staff were involved.
Justice Koome also said that the Supreme Court found no significant differences found between forms uploaded on the portal and forms delivered to Bomas, at the IEBC National Tallying Centre.
“No credible evidence was given to show forms given to agents were different,” CJ Koome said.
The court also found that affidavits by two of Mr Odinga’s experts were not admissible.
“There is nothing to show that Mr Odinga asked the two people to swear affidavits. We must remind counsel who appear before this court or any other court that swearing to falsehoods is a criminal offence,” she said.
The Court also dismissed the contents of the affidavit of John Mark Githongo, adding that it may have contained falsehoods.
“No admissible evidence was presented to show that forms 34A were manipulated. The affidavits amount to double hearsay,” Justice Koome said.
On the affidavit of Gacharaigu, the court said this turned out to be hot air, adding that the Kiems kit relating to Psongoiywo Primary School was presented as a manufacturer error.
CJ Koome also said that the court failed to see how by postponing elections, IEBC was targeting voter suppression.
“The absence of any empirical data bars the court from finding that IEBC suppressed voting in Mr Odinga strongholds,” she said.
On whether there were unexplainable variances in votes cast for President and other elective positions, the Supreme Court determined that not a single document was presented by the first petition to prove ballot stuffing.