KENYA ELECTIONS 2022: Supreme Court Identifies 9 Issues for Determination in Petition!

The Court will seek to find out whether the technology deployed by the IEBC for the conduct of the 2022 general elections met the standards of integrity, verifiability, security and transparency to guarantee accurate and verifiable results.

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NAIROBI, KENYA - 2022/03/31: Chief justice of the supreme court Martha Koome presides over a bench of seven judges during the hearing of Building Bridges Initiative (BBI). The BBI, which was meant to amend the Kenyan Constitution and also expand the executive has been declared unconstitutional by the Supreme Court. (Photo by John Ochieng/SOPA Images/LightRocket via Getty Images)

By HOMELAND MEDIA TEAM

The Supreme Court has identified 9 issues for determination and consideration by the parties at the ongoing Pre-trial conference.

The Court will seek to find out whether the technology deployed by the IEBC for the conduct of the 2022 general elections met the standards of integrity, verifiability, security and transparency to guarantee accurate and verifiable results.

It will also try to find out whether there was interference with the uploading and transmission of Forms 34A from the polling stations to the IEBC Public Portal.

Kenya’s Supreme Court judges (from L-R) Justice Mohamed Khadhar Ibrahim, Justice Dr Smokin Wanjala, Lady Justice Njoki Susanna Ndung’u, Justice Isaac Lenaola and Justice William Ouko arrive at the ceremony for assumption of office for the Chief Justice Martha Koome, outside the Supreme Court buildings in Nairobi on May 24, 2021. – President Uhuru Kenyatta on May 19, 2021 appointed judge Martha Karambu Koome as Kenya’s first woman chief justice, making her the first woman to head any of the three branches of government. (Photo by Simon MAINA / AFP) (Photo by SIMON MAINA/AFP via Getty Images)

In a statement, the Supreme Court said it will also seek to establish whether there was a difference between Forms 34A uploaded on the IEBC Public Portal and the Forms 34A received at the National Tallying Centre, and Forms 34A issued to the Agents at the Polling Stations.

The parties will also seek to find out whether the postponement of Gubernatorial Elections in Kakamega and Mombasa Counties, Parliamentary elections in Kitui Rural, Kacheliba Rongai and Pokot South Constituencies and electoral wards in Nyaki West in North Imenti Constituency and Kwa Njenga in Embakasi South Constituency resulted in voter suppression to the detriment of the Petitioners in Petition No. E005 of 2022.

Other matters for determination include whether there were unexplainable discrepancies between the votes cast for presidential candidates and other elective positions, whether the IEBC carried out the verification, tallying, and declaration of results in accordance with Article 138 (3) (c) and 138 (10) of the Constitution.

The Court will also try to establish whether the declared President-elect attained 50%+1 vote of all the votes cast in accordance with Article 138 (4) of the Constitution as well as whether there were irregularities and illegalities of such magnitude as to affect the final result of the Presidential Election.

In the end, it will come down to what reliefs and orders the Court can grant or issue.

Email:homelandnewspaper@gmail.com

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