Supreme Court Identifies Nine Key Issues To Be Considered In Petition

The Supreme Court has identified 9 issues for determination and consideration by the parties at the ongoing Pre-trial conference.

The Court will seek to find out whether the technology deployed by the IEBC for the conduct of the 2022 general elections met the standards of integrity, verifiability, security and transparency to guarantee accurate and verifiable results.

It will also try to find out whether there was interference with the uploading and transmission of Forms 34A from the polling stations to the IEBC Public Portal.

In a statement, the Supreme Court said it will also seek to establish whether there was a difference between Forms 34A uploaded on the IEBC Public Portal and the Forms 34A received at the National Tallying Centre, and Forms 34A issued to the Agents at the Polling Stations.

The parties will also seek to find out whether the postponement of Gubernatorial Elections in Kakamega and Mombasa Counties, Parliamentary elections in Kitui Rural, Kacheliba Rongai and Pokot South Constituencies and electoral wards in Nyaki West in North Imenti Constituency and Kwa Njenga in Embakasi South Constituency resulted in voter suppression to the detriment of the Petitioners in Petition No. E005 of 2022.

Other matters for determination include whether there were unexplainable discrepancies between the votes cast for presidential candidates and other elective positions, whether the IEBC carried out the verification, tallying, and declaration of results in accordance with Article 138 (3) (c) and 138 (10) of the Constitution.

The Court will also try to establish whether the declared President-elect attained 50%+1 vote of all the votes cast in accordance with Article 138 (4) of the Constitution as well as whether there were irregularities and illegalities of such magnitude as to affect the final result of the Presidential Election.

In the end, it will come down to what reliefs and orders the Court can grant or issue.