Raila's Demands To Supreme Court In Seeking Fresh Election

Two other Kenyans have also filed petitions seeking to invalidate Ruto's win in the just concluded August 9 general election.

Raila's Demands To Supreme Court In Seeking Fresh Election
Raila Odinga speaking at the Azimio media centre on August 16, 2022. /RAILA ODINGA

Azimio la Umoja presidential candidate, Raila Odinga, has filed a petition at the Supreme Court of Kenya and wants a list of demands to be met by the Independent Electoral and Boundaries Commission (IEBC) and President-elect William Ruto, listed as respondents.

A document obtained by Viral Tea revealed that Raila wants the IEBC to avail all the material including electronic documents, devices and equipment for the presidential election within 48 hours.

Raila wants the Supreme Court to declare that the unconstitutionality, non-compliance, illegalities, irregularities and improprieties in the Presidential Election were substantial and significant in that they affected the presidential election results.

Supreme Court judges set to hear presidential election petitions. /CITIZEN DIGITAL

He also wants the court to declare that the August 9 general elections were not conducted in accordance with the Constitution and the applicable law rendering the declared result invalid, null and void.

Raila also wants the court to declare that Ruto was not validly declared as the president-elect and that the declaration is invalid, null and void.

He also wants the IEBC to conduct a fresh election in strict conformity with the Constitution and the Elections Act.

Raila also wants the court to declare that IEBC chairperson Wafula Chebukati committed election irregularities, illegalities in the tightly contested polls and malpractices and a report on the same sent to the Director of Public Prosecutions for purposes of prosecution.

He wants a forensic audit of the electoral technology deployed in the election to be conducted.

The former Prime Minister further wants the Supreme Court to grant him access to review all the KIEMS kits deployed and undeployed in the 2022 general elections, with full disclosures of their GPRS locations from Monday, August 8 to Monday, August 15 or thereabouts.

Two other Kenyans have also filed petitions seeking to invalidate Ruto's win in the just concluded August 9 general election.

After they file their petition, Azimio will have until Tuesday, August 23 to serve the respondents - the president-elect and the IEBC. The commission will then have four days to file its response to the apex court.

The hearing of the petition by the Supreme Court bench will then begin seven days after it is filed - Monday, August 29.

The seven-judge bench led by president and Chief Justice Martha Koome will have until Sunday, September 4, to deliver its ruling on the presidential petition.

According to Article 140 of the Constitution of Kenya (2010), the court, through a majority vote, may uphold or annul the presidential election. If Ruto’s win is validated, he will be sworn in seven days after the ruling is issued.

“If the Supreme Court determines the election of the President-elect to be invalid, a fresh election shall be held within 60 days after the determination," reads Article 140 (c).

Makueni Senator-elect Dan Maanzo. /FILE