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Opinion: Only One From Three Judgements the Supreme Court Can Return With On Monday 5 September 2022

Following three days of oral submissions the Supreme Court judges retired on Friday evening to make the presidential petition judgment ready by, latest, Monday 5 September 2022.

Chief Justice Martha Koome presided over a court that was dispassionate and extremely professional.

It will only be short of four days for the disputed elections held on 9 August to make a full circle of one month. During that time the nation has witnessed landmark legal events.

For the fourth consecutive time, Kenya's presidential elections have been disputed. Counsel and bench in the Supreme Court petition showcased some of the best legal minds in Kenya today.

Prof Githu Muigai who is a longtime advocate of constitutional rights and liberties was curiously defending respondent number three, the Independent Electoral and Boundaries Commission.

The Azimio legal team was led by among others Senior Counsel and Siaya Governor James Orengo, Senior Counsel Philip Murgor, Mr. Paul Mwangi, Mr. Jackson Awele, and Ms.Velma Auma.

Deputy President William Ruto, who was declared President-elect, had a legal team led by Senior Counsel Fred Ngatia, Prof Kithure Kindiki, Senior Counsel Kioko Kilukumi, Mr. Katwa Kigen, Mr. Elias Mutuma, Mr. Muthomi Thiankolu, and Mr. Adrian Kamotho among others.

Youthful legal counsel Julie Soweto made quite an impression with her PowerPoint presentation.

As the court retires to prepare judgment these are the only 3 decisions the Supreme Court can come back with on Monday.

First, if the court finds substantial irregularities that could have seriously affected the results announced by the Independent Electoral and Boundaries Commission, it can nullify the election and order a new vote within 60 days.

The Supreme Court hearing the presidential petition rose on Friday 3 September 2022.

Second, if it finds that the president-elect did not secure 50 percent plus 1 of valid votes, it will order a runoff, which must be held within 30 days, marking a first for Kenya.

Third, the court can uphold Ruto's victory, allowing him to be sworn in on September 13.

The Supreme Court can only return with One of the Three possible Judgements on Monday 5 September 2022.

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Githu Muigai Independent Kenya Martha Koome Supreme Court


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