Can The Supreme Court Rule Raila As President Without A Re-Run
There have been numerous legal discussions since former prime minister Raila Odinga said he would file a case to contest William Ruto’s declaration. On August 22, 2022, Odinga fulfilled his promise and submitted a mountain of paperwork to the Milimani Law Courts, where the Supreme Court will hear the case. Several leaders have noted that, if his petition is successful, Article 80 of the Elections Act allows the Supreme Court to declare Odinga the president-elect without ordering a rerun of the presidential election.
Constitutional lawyer Ahmednasir Abdullahi who represented President Uhuru Kenyatta in 2017 but is now a supporter of Ruto, argued that the Azimio la Umoja One Kenya alliance was seeking the Supreme Court intervention in declaring Raila the president-elect.
Constitutional lawyer Ahmednasir Abdullahi who represented President Uhuru Kenyatta in 2017 but is now a supporter of Ruto, argued that the Azimio la Umoja One Kenya alliance was seeking the Supreme Court intervention in declaring Raila the president-elect.
“Outgoing President Uhuru and Hon Raila don’t want the Supreme Court to nullify the presidential election of 9.8.2022. They don’t want a rerun. They want the Supreme Court to declare that Hon Raila won the 9.8.2022 elections using fuzzy maths. Improbable? No! Impossible? No,” he Tweeted.
Can the Supreme Court direct the IEBC to certify Raila as the next president?
The quick answer is yes, but there are other things to consider.
What the law states In the event that the petition is successful, the Elections Act does give an election court the authority to direct the IEBC to declare Odinga the president-elect.
“An election court may by order direct the Commission to issue a certificate of election to a President, a member of Parliament or a member of a county assembly if— (a) upon recount of the ballots cast, the winner is apparent, and (b) that winner is found not to have committed an election offence,” reads Article 80 (4) of the Elections Act.
“An election court may by order direct the Commission to issue a certificate of election to a President, a member of Parliament or a member of a county assembly if— (a) upon recount of the ballots cast, the winner is apparent, and (b) that winner is found not to have committed an election offence,” reads Article 80 (4) of the Elections Act.
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