It has now emerged that chief justice Martha Koome was facing a divided court which prolonged the announcement of the time of ruling.
As late as 9Am in the morning, the Supreme court had not shared with Kenyans what time they were to render judgment despite the growing anxiety from both Kenya Kwanza and Azimio supporters countrywide.
However, the supreme court at around 9.30AMÂ announced that they would render judgment at midday (12pm). The source alleged that Martha Koome was facing a divided court and the judges could not reach a consensus.
It is said that the judges were voting on whether to uphold or nullify the recently held general election but the 7 judges were not just reaching a consensus, forcing them to push the time to 12 in the noon.
Unlike in 2017 where the Maraga led team reached consensus by 9Am to render judgment from 10AM, the 2022 bench took a longer time to agree on the verdict of the case.
Consequently, the source revealed that Martha Koome finally managed to intervene and make the judges reach a consensus although it’s not clear who would carry the day between Ruto and Raila.
The Supreme court judges are expected to give an individual ruling on the nine prayers before voting on whether to uphold president-elect William Ruto’s victory or to vacate it and order for a re-run.
The nine issues to be determined by the seven judges include:
Technology
The judges will give direction on whether the technology used in election met the standards of integrity, verifiability, security and transparency to guarantee accurate and verifiable results.
Results transmission
Koome and her six colleagues will determine whether there was interference with the uploading and transmission of forms 34A, that were used to enter presidential election results.
Uploading of forms 34A
The judges will also rule on whether there were differences in forms uploaded to the IEBC portal by presiding officers in the polling stations, with copies of the results declaration forms given to agents of the four presidential candidates.
Similarity of forms
Whether the forms uploaded on the portal were similar to the physical documents submitted to the national tallying centre at the Bomas of Kenya by returning officers, alongside forms 34B that were used to tabulate results at the constituency level.
Postponement of Mombasa, Kakamega Rongai, Kacheliba, Kitui Rural and Pokot South Constituencies elections
Whether the postponement of these was a deliberate plan to suppress voter turnout and whether Azimio la Umoja presidential candidate Raila Odinga was disadvantaged by the decision.
Tallying of votes and differences with other elective positions
To determine if there was an unexplained difference between the number of votes garnered by the four presidential candidates and those received by candidates contesting for other five elective positions; 47 governors, senator and woman representative seats, national assembly member in the 290 constituencies and 1450 MCA slots.
Tallying, verification and declaration processes
They are to determine whether the exercise complied with articles 138(3c) and 138(10) of the constitution.
50% plus one threshold
Whether Ruto met the constitutional threshold that requires a winning presidential candidate to garner more than half of the total votes cast and at least 25% in 24 counties is also a key issue for determination by the judges.
Illegalities in the process
They will also ascertain if there were illegalities and irregularities in the August 9th presidential race and whether they were grave enough to affect the final election outcome.
On her side, Martha Koome on Friday urged Kenyans to pray for them ahead of the ruling: “Continue to pray for us to come up with a judgement that is anchored on the law, the constitution that is anchored in the Law and brings harmony to our country,”Â
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