According to reports Azimio La Umoja One Kenya Coalition Party leaders have intimidated that they will head to court to challenge the presidential results announced on Monday, August 15.
Breaking her silence after the announcement of Ruto as the president-elect, Azimio La Umoja One Kenya Coalition Party running mate Martha Karua hinted about an impending court battle ahead.
“It is not over until it is over;” Karua tweeted.
The coalition spokesperson Makau Mutua was categorical, saying the declaration by Chebukati is null and void.
Attorney Donald Kipkorir expressed confidence that the Supreme Court would overturn William Ruto’s victory in the 2022 presidential election.
On Monday, August 15, Kipkorir declared on Twitter that the Supreme Court will order a new election, which would keep President Uhuru Kenyatta in power until November.
“From Today, Supreme Court has 14 DAYS to hear & determine Presidential Elections … Then fresh presidential elections will be held within sixty days thereafter … President Uhuru Kenyatta will be in office until November,” Kipkorir said.
Kipkorir asserts that the action taken by the four IEBC commissioners who dissented rendered the proclamation of the presidential results void.
“Any decision by the minority three commissioners at Bomas will be null and void. Chebukati pronouncement will be voided by Supreme Court, An interpretation that the Chairman can ignore the majority is self-serving, illiterate, selfish & subversive interpretation of the Constitution. Only a nihilist Court can accept such an argument,” he said.
However, according to former LSK President Nelson Havi, Azimio will lose big at the Supreme Court.
“We are ready for them at the Supreme Court. In fact, we will use their own arguments on quorum of IEBC and the Court’s determination on the same in the BBI case. It will be the shortest fought battle at the Apex Court.”
We are ready for them at the Supreme Court. In fact, we will use their own arguments on quorum of IEBC and the Court’s determination on the same in the BBI case. It will be the shortest fought battle at the Apex Court.
— Nelson Havi (@NelsonHavi) August 16, 2022
IEBC structure not unconstitutional
In 2018, the High Court declared that IEBC structure was not unconstitutional.
Justice Wilfrida Okwany said that the commission cannot be termed unconstitutional because some commissioners resigned.
Okwany noted that three commissioners resigned through the press yet the requirement is for written notices to the president.
The petitioners argued that the remaining commissioners do not form quorum for conducting the upcoming by-election.
The remaining commissioners were Boya Molu and Abdi Guliye.
