The Apex Court is expected to bring an end to the hearing of Azimio la Umoja leaders’ petition challenging the victory of Hon Ruto during the August 9 general elections.
The Seven Judge bench will hear replies to several questions raised by the bench to the respondents including IEBC, its commissioners led by Chairperson Wafula Chebukati and President-elect William Ruto.
They will also hear rebuttals from petitioners, including Raila Odinga, on some of the issues raised in their oral submissions to the presidential petition.
The seven-judge bench, which includes CJ Koome, Deputy Chief Justice Philomena Mwilu, and justices Smokin Wanjala, Njoki Ndungu, Isaac Lenaola, William Ouko, and Mohammed Ibrahim, will then convene over the weekend to write a summary ruling ahead of the much-anticipated verdict on Monday.
Prof Githu Muigai, former Attorney General who led the IEBC legal team in making an oral submission before the Supreme Court on Thursday, defended Chebukati against allegations of running a one-man show and sidelining four commissioners.
“What would happen if after the elections are conducted and completed, commissioners for whatever reason take different positions and decide that they’re not agreed on the declaration to be made and that a declaration cannot be made until they’re all agreed?” he posed.
Among the technical questions asked to the petitioner by the judges include; whether the hackers of the IEBC system as alleged in the petition had the capacity and power of also altering the physical forms 34A on their way to Bomas via road or air, whether the violence witnessed at the National Tallying center on the results declaration Day could affect the functions of the commissioners and what extent.
The petitioners were also tasked to prove to the Judges whether the removal of Mr. Chebukati by the Supreme Court is enshrined in the Constitution among other questions.
