William Ruto was duly elected, rules Supreme Court

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The Kenyan Supreme Court ruled on Monday 5 September 2022 that William Ruto was validly elected fifth President of Kenya.

In delivering the verdict, Chief Justice Martha Koome dismissed petitioner Raila Odinga's claims that the August 9 presidential election was not free and fair

Judge Koome said Ruto had met the constitutional threshold of 50 percent +1 of total valid votes cast and 25 percent of votes cast in at least 24 counties received votes and those cast to other voting seats were accounted for, with the IEBC stating, that prisoners and Kenyans in the diaspora only voted for the head of state.

"IEBC has offered a plausible explanation for the vote differential citing categories of voters who only voted for the president such as voters and Kenyans in the diaspora. There were an insignificant no of stray votes, whose combined effects cannot justify the nullification of the election," said Justice Martha Koome.

As for whether the uploading and transmission of Form 34A was obstructed by polling stations, the court president said there was no evidence.

As for whether the postponement of the gubernatorial elections resulted in voter suppression to the detriment of the petitioners, she said they were postponed for real reasons, and mistakes.

"From the explanation tendered, we are satisfied that the postponement was occasioned by a genuine mistake which in our view could have been avoided had the IEBC staff been more diligent when they went to inspect the templates in Greece where the printing of ballot papers was undertaken," said Koome.

Ruto was declared president-elect on August 15 by the head of the Independent Electoral and Boundary Commission, Wafula Chebukati.

He garnered 7,176,141 votes (50.49 per cent), defeating Azimio flagbearer Raila Odinga who had 6,942,930 votes, representing (48.85 per cent).

Roots Party presidential hopeful George Wajackoyah came a distant third with 61,969 votes followed by Agano’s David Mwaure, who polled 31,987 votes.

Apart from Odinga, other 8 petitioners also challenged Ruto’s victory.

The President elect is set to be sworn-in on or before, September 13, 2022.

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