•In their petition, Azimio la Umoja's Raila Odinga and his running mate Martha Karua want IEBC chairperson Wafula Chebukati declared unfit to hold office.
•If no petition had been filed by August 22, then Ruto would have been sworn into office on August 30, ending Uhuru's 10-year tenure.
Image: FILE
The fate of President Uhuru Kenyatta's leaving office next month now lies with the Supreme Court as it rules on petitions challenging the election of William Ruto as his successor.
Uhuru, who has remained tightlipped since the declaration of Ruto as president-elect, can only hand over power after the apex court gives its verdict on the matter.
He can, however, refuse to hand over and the swearing-in of the president-elect proceeds since this rests with the office of the Chief Justice after the final verdict is delivered.
Law Society of Kenya president Eric Theuri says the swearing-in can continue in the absence of the outgoing president.
“Upon taking the oath of office, the incoming president and his deputy would be properly in office,” Theuri told the Star last week.
On Monday, nine petitions were filed in court seeking to have Ruto’s win nullified.
In their petition, Azimio la Umoja's Raila Odinga and his running mate Martha Karua want IEBC chairperson Wafula Chebukati declared unfit to hold office.
If the seven judges, by a majority, uphold the election of the president-elect on September 5, which is the 14th day after the filing of the petition, then the swearing will be held on September 13.
However, if they nullify the poll, a repeat of the presidential election will be conducted on November 4, this is after the lapse of 60 days from the day of the ruling with a winner set to be declared on November 22.
If no petition had been filed by August 22, then Ruto would have been sworn into office on August 30, ending Uhuru's 10-year tenure.
Four commissioners vice chairperson Juliana Cherera, Francis Wanderi, Justus Nyang’aya and Irene Masit, all of whom were appointed to office in September last year, dissented by disputing the poll results.
Giving an insight into a divided commission, the four skipped the official event at the Bomas of Kenya where the presidential winner was announced.
Addressing the press, Cherera said they cannot take ownership of the results due to their opaqueness.
Raila and Karua have listed 24 prayers they want the court to grant them.
The four commissioners have been cleared of any undoing in the petition with Chebukati and the two commissioners- Boya Molu and Abdi Guliye accused of committing electoral offences.
“A declaration is and hereby made that the respondents jointly and severally committed election irregularities...the second respondent (Chebukati) is in breach of trust and authority assigned to his office,” reads the petition.
Raila wants the court to nullify the results that gave Ruto the win and order IEBC to tally and verify the count and declare him the president-elect.
If the order is not granted, he has sought to have IEBC as presently constituted declared incapable of presiding over a credible, verifiable and valid presidential poll.
“The court does make appropriate orders to uphold the Constitution and sovereign will of the people,” the petition reads.
Ruto team will also object to the four commissioners remaining in office hence pushing for their removal.
Lawyer Elias Mutuma says should the court rule in favour of Raila that Chebukati is liable, the country might be thrown into a crisis.
He says as it is currently, President Kenyatta has no powers to appoint any officer since he is on a temporary incumbency even if a new chair is to be sought to replace him.
“The President’s powers are limited at this point, if such a situation is experienced he will continue ruling albeit under the transition process,” Mutuma says.
Mutuma says with the Ruto team also viewing the four commissioners as rogue, it would mean no side will accept to participate in an election presided over by the current team.
Constitutional lawyer Bob Mkangi, however, holds a contrary view saying the Supreme Court will not rule on whether Chebukati is liable for any offence.
“We do not anticipate such a situation, the least the court can do is to refer such a matter to respective agencies as inspector general of police to investigate him,” Mkangi says.
IEBC Act states that whenever a vacancy occurs in the office of the chairperson, the vice chairperson shall act and exercise the powers and responsibilities until a new one is appointed.
Where the positions are vacant, members of the Commission can elect from amongst themselves a member to act as the chairperson.
Mkangi says the court will only confine itself to the key issues touching on the electoral process but not on the conduct of any individual.
Edited by Kiilu Damaris