Nine Issues To Be Determined In The Presidential Petition
The Supreme Court of Kenya judges convened on Tuesday to kick off the Pre-Trial Conference of the Presidential Election Petition and identified 9 issues for determination and consideration by the parties at the ongoing petition hearing.
The apex Court has issued a draft of issues for determination in the Presidential Election Petition.
- 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.
- Whether there was interference with the uploading and transmission of Forms 34A from the polling stations to the IEBC Public Portal.
- 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.
- 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.
- 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.
- Whether the declared President-elect attained 50%+1 vote of all the votes cast in accordance with Article 138 (4) of the Constitution.
- 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.