African Bar Association honours Supreme Court for 2022 election rulings

African Bar Association honours Supreme Court for 2022 election rulings

The Supreme Court said the honour reflected both the resilience of the Kenyan people and the dedication of judicial officers and staff to safeguarding democracy.

The Supreme Court of Kenya has been recognised with the Award of Judicial Excellence by the African Bar Association for its role in resolving the nine presidential election petitions that followed the disputed 2022 General Election.

In its acceptance, the Court said the honour reflected both the resilience of the Kenyan people and the dedication of judicial officers and staff to safeguarding democracy.

“The Supreme Court of Kenya graciously accepts the Award of Judicial Excellence from the African Bar Association for its exemplary handling of the nine Presidential Election Petitions of 2022. This honour, received with humility, is a tribute to the people of Kenya and the dedication of all Judges, judicial officers, and staff who make justice possible. The Court reaffirms its unwavering commitment to democracy, constitutionalism, and the rule of law in Africa,” the statement read.

The nine petitions were filed by: Juliah Nyokabi; John Njoroge; Youth Advocacy Africa; Khelef Khalifa and George Osewe with two others; David Kariuki Ngari; Raila Odinga and Martha Karua; Moses Kiarie Kuria; Senator Okiya Omtatah Okoiti; and Reuben Kigame.

The petitioners raised multiple challenges, including alleged irregularities in vote tallying, procedural errors, and the integrity of the electoral process.

Several petitioners argued that, if the votes had been properly counted, the declared President-elect may not have legitimately attained the constitutional threshold of 50 per cent plus one of all valid votes cast. Remedies sought included annulment of the election, forensic audits of electoral systems, and clarification of electoral procedures.

The cases raised issues including the conduct of the Independent Electoral and Boundaries Commission (IEBC), vote tallying, the role of the late IEBC chair Wafula Chebukati, and the validity of the election results.

In its unanimous judgment, the Supreme Court dismissed all the consolidated petitions and upheld William Ruto’s election as President.

Chief Justice Martha Koome, delivering the decision, ruled: “This is a unanimous decision of the Court and we make the following orders: The presidential election petition number E005 of 2022, as consolidated with presidential election petition numbers E001, 2, 3, 4, 7 and 8 of 2022, is hereby dismissed. As a consequence, we declare the election of the first respondent as President-elect to be valid under Article 143 of the Constitution. This being a matter cutting across the public interest, we order that each party bear their own cost. It is so ordered.”

The judgment was delivered by a seven-judge bench led by Koome, alongside Deputy Chief Justice Philomena Mwilu, Justice Isaac Lenaola, Justice Njoki Ndung’u, Justice Smokin Wanjala, Justice Mohamed Ibrahim, and Justice William Ouko.

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