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Tuesday, August 23, 2022 –A group of petitioners now want the Supreme Court of Kenya to be barred from declaring Raila Odinga new President-elect should a recount be done.
The three petitioners – Alshford Koome, Michael Asola, and Eric Githinji – today Tuesday August 23 went to the court to clip powers of the Supreme judges who, according to fresh interpretation, could order withdrawal of issued certificate for reallocation to the true winner.
“An election court may by order direct the Commission to issue a certificate of election to a President, a member of Parliament or a member of a county assembly if upon recount of the ballots cast, the winner is apparent,” the Act reads.
First to point out this clause was renowned city lawyer Donald Kipkorir who recently schooled a section of Kenya Kwanza lawyers by reminding them that there is also a probable option of the Chief Justice declaring a president-elect should figures favour that direction.
“Our Supreme Court has inherent jurisdiction to correct arithmetic errors without substantive hearing. If AZIMIO seeks the prayer of Correction of Arithmetic Errors & demonstrate beyond peradventure that Baba won, then Baba can be declared President without Fresh Elections,” he said.
This observation sent shivers down the spines of William Ruto and his allies among them Gladys Shollei who started issuing their own interpretations.
In the today’s urgent petition, the three want the High Court to help interpret the Section and if possible declare it unlawful before the Supreme Court could utilise it in the ongoing Raila-Ruto case.
In their detailed argument, they think handing over such powers to only seven judges out of millions of citizen was an open violation of procedure of presidential election as it is enshrined in Article 138.
