The Key Framework The Supreme Court Today Will Use to Deliver Verdict Today

After the filing of petitions, the Supreme Court dismissed a number of them, set timelines, and allocated time for each divide to address the apex Court.

The verdict delivered will inform future elections in terms of the conduct of the IEBC and presidential contestants.

It will also inform the political career of Raila Odinga and his main opponent William Samoei Ruto. They have both vowed to abide by and respect the Supreme Court’s decision.

The framework is informed by the key pertinent issues the Supreme Court will use to either dismiss or uphold the August 9 2022 elections.

The Court will by noon either nullify or uphold the general elections conducted on the 9th of August.

Infiltration of the Technology used

Based on the evidence provided, the Supreme Court will test and determine whether the use of technology was conducted in such a manner that guaranteed integrity, verifiability, security, and transparency. 

Constitutional provisions

Judges of the Supreme Court will be guided by the constitutional framework in regard to the orders the court can make.

One of the prayers of the  Azimio petition was the removal of Wafula Chebukati from office. Legal minds from both divides argued whether the constitution had anticipated a vacant office of an IEBC chair.

Irregularities and Illegalities

The ruling will be informed by the magnitude of the illegalities and irregularities that played out during the electoral process. This may go back to the whole process of procurement of the technology used in the election, the tallying and verification process of the presidential election.

50%+1

The constitution requires that the president attains 50%+1 of the total votes cast in the country and at least 25% of the total votes in a majority of the counties in Kenya.

Voter turnout

The judges will determine how the postponement of the gubernatorial in Kakamega and Mombasa, parliamentary and electoral wards elections had significance to the presidential results in dispute and whether it led to voter suppression.

Forms 34As

The court shall determine whether there were differences in the form 34A uploaded in the IEBC portal, those received at the Bomas of Kenya, and those issued to agents at the polling centers.

Manipulation of the results

Judges will examine whether the voter results were interfered with from the polling stations to how they were uploaded in the IEBC portals.