Supreme Court has the authority to count votes, tally them, and declare a presidential winner

3 mins read

 I was wondering why the Ruto legal boys waiting for big money to go represent him at the Supreme Court were so jittery.

That was Ahmednasir Abdullahi complaining that Azimio team is not just seeking the nullification of the presidential election results announced by Chebukati but also to get the court to recount the votes and declare a winner.

I was thinking if they are confident their guy won they should be happy with that but it is really complex and the court has powers to listen to all sorts of evidence and cross-examine witnesses. If anybody there was cooking numbers for William Ruto they could be smoked out and exposed at the Supreme Court hearing.

The funny part about this is that the functions and authority of the Supreme Court as originally drafted did not include counting votes and declaring a winner. It only gave the Supreme Court the power to nullify bogus election results and call for a re-run. But the Jubilee MPs and their leaders amended the constitution with regard to elections and gave the court the power to declare a winner.

If the 2022 presidential election results before the court are declared null and void which seems to be a slum dunk based on the fact that four of the seven commissioners have denounced them, either one of the parties involved including civil rights groups applying to join the case can call for a recount and verification by the court. Azimio or even UDA can ask for that recount.

Will they do it? Yes or no depending on what evidence they have about what happened at Bomas. Both sides were in there and they know what happened. Thankfully Chebukati has declared a full war against the commissioners who rejected his fake election results for the presidency. The real war is just about to begin at the Supreme Court. Kenyans are ready for every minute of it.

Read: When in a hole stop digging. Chebukati wages war with four Commissioners

This is how parliament changed the election laws to allow the Supreme Court to count, verify votes and declare a winner.

Adongo Ogony is a Human Rights Activist and a Writer who lives in Toronto, Canada

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