On Wednesday, August 24, former Prime Minister Raila Odinga asked the Supreme Court to invalidate Wafula Chebukati’s verdict and declare him the fifth President-elect.
Raila, who was campaigning for the coalition’s Mombasa Gubernatorial candidate Abdulswamud Nassir said he had enough evidence that he won the presidential elections held on Tuesday, August 9.
But in a statement on Friday, August 2, senior counsel Ahmednasir Abdullah said the Supreme Court does not have powers to declare the Azimio la Umoja One Kenya Coalition party captain Raila Odinga the president-elect.
“The Supreme Court does not have powers/jurisdiction to nullify a Presidential election on events that occur after the results are declared at polling stations. That is the law,” Ahmednasir said in a Tweet.
He said the Supreme Court can only nullify a presidential election on events that occur prior to the declaration of results at polling stations.
“The Court can only nullify a Presidential election on events that occur prior to the declaration of results at polling stations. This is because Article 138 declares the results at the polling stations final and the same can’t be overturned,” he added.
Raila who was accompanied by his 2022 running mate Martha Karua had requested the apex court not to order a repeat of the presidential election in the event it nullifies Ruto’s win.
“We want the courts (Supreme Court) to make that declaration that we won the presidential elections because that is the truth. Instead of going back to the ballot, we should be announced as the winners so that we can be sworn in,” Raila said.
Raila’s running mate Martha Karua insisted that they were illegally robbed off their victory and urged their supporters to be optimistic that the court will rule in their favor because they have submitted enough evidence.
“We are hopeful the court will rule in our favor because we have substantial evidence. Let’s not be worried or give up. I’m happy you’ve not given up; you are strong, that’s what will give us the gubernatorial seat,” Karua said.
