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Ruto, Gachagua denied extension of time to mount their defence

IEBC Commissioner Abdi Guliye has also been denied an extension of time

Supreme Court judges (From L-R): Isaac Lenaola, Smokin Wanjala, Philomena Mwilu (DCJ), Martha Koome (Chief Justice), Mohamed Ibrahim, Njoki Ndung’u and William Ouko during the pre-trial conference on August 30, 2022. Image courtesy of: Zakheem Rajan

The Supreme Court has declined to add more time for President-elect William Ruto, his deputy-elect Rigathi Gachagua as well as Independent Electoral and Boundaries Commission (IEBC) commissioner Abdi Guliye to mount their defence.

The revelations were made by Deputy Chief Justice Philomena Mwilu who also added the court was not going to entertain any other filing of pleadings, but Ruto will be allowed to respond to affidavits filed by Attorney General Paul Kihara Kariuki during the hearing.

The Apex Court also declined to allow technical experts John Walubengo, Joseph Sevilla and Martin Mirero from participating in the scrutiny of ballots from 15 polling stations, saying "Amici Curiae (friends of the court) are limited to written submissions that are filed in court."


The three had asked to participate so as to amend the reports they have filed in court in line with the findings of the scrutiny of the votes.

The seven judges earlier today had ordered a vote recount in areas perceived as President-elect’s strongholds.

According to the Supreme Court, the order will help Azimio One Kenya Alliance flagbearer Raila Odinga and other petitioners prove allegations of electoral fraud.

The Supreme Court called for a vote recount in;

  1. Nandi Hills, Tinderet CONMO, and Sindendeti Primary School in Nandi county,  
  2. Belgut, Kapsuser and Chepkutum primary schools in Kericho county, 
  3. Jomvi, Mikindani and Ministry of Water Tanks, Mvita, Majengo and Mvita Primary School in Mombasa
  4. Jarok, Gathanji and Kiheo Primary School Polling in Nyandarua County.

The Supreme Court further directed the Inspector General of Police to offer security of ballots from the polling stations listed in the above areas.


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