The Supreme Court has said that in the 2022 presidential election petition, the court had nine issues to determine whether the presidential election results would be upheld or nullified and what orders will be issued.
CJ Koome lists 9 key issues that will make or break Raila vs Ruto case
The 9 key issues will make Supreme Court nullify or uphold 2022 presidential election
Speaking during the pre-trial conference, Chief Justice Martha Koome who is the president of the Supreme Court explained that the judges would be looking at the nine issues listed.
She said that one of the issues to be determined would be whether the technology used by the Independent Electoral and Boundaries Commission met the standards of integrity to guarantee accurate and verified results.
The Supreme Court will also determine whether there was interference in the uploading of Forms 34A from the polling station into IEBC’s server.
Additionally, the judges will rule whether there was a difference between Forms 34A uploaded into the IEBC portal, those delivered physically to the Bomas of Kenya National tallying Centre and those issued to presiding officers at the various polling stations.
The Supreme Court will determine whether there was an unexplained difference between the votes cast in the presidential election and other elections.
The bench will rule whether the IEBC followed the laid down procedure in tallying and declaration of the presidential election results.
The Supreme Court will determine whether the postponement of elections in Kakamega, Mombasa Counties, Kitui Rural, Kacheliba, Pokot South, Rongai constituencies, Kwa Njenga Ward and Nyaki West wards resulted in voter suppression to the detriment of Raila Odinga.
The court will determine whether President-elect William Ruto attained the required threshold of 50% +1 vote to be declared the winner of the presidential election.
The judges will deliver a ruling on whether there were irregularities and illegalities in the electoral process and if they were of such a magnitude as to affect the presidential election result.
Finally, the CJ Koome-led bench will determine the remedies the Supreme Court can order and issue after concluding the hearing.
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