Supreme Court identifies nine issues to be determined during pre-trial conference
By Dickson Odhiambo
August 30, 2022
Supreme Court identifies nine issues to be
determined during pre-trial conference
THE Supreme Court of Kenya has come up with nine issues which
are to be determined during the today’s pre-trial conference on the
Presidential Election petition.
Chief Justice Martha Koome says the draft issues will be in
regard to the seven Presidential Election petition Numbers that include E001,E002,E003,E004,E005,E007
and E008.
During the todays pre-trial conference held at Mlimani Law
Courts in Nairobi, the Chief Justice said: “Upon perusing the pleadings, the
Court has identified the following issues for determination, to be considered
by the parties at the pre-trial conference.
The issue includes whether the technology deployed by the
IEBC for the conduct of the 2022 General Election met the standards of
integrity, verifiability, security and transparency to guarantee accurate and
verifiable results.
Whether there was interference with the uploading and
transmission of forms 34A from the polling stations to the IEBC public Portal
as well as whether there was a difference between forms 34A uploaded on the
IEBC public portal and the forms 34A received at the National Tallying Center,
and forms 34A issued to agents at the polling stations are also part of the
nine issues to be determined.
whether the postponement of gubernatorial election in
Kakamega and Mombasa Counties, Parliamentary election in Kitui Rural,Kacheliba,
Rongai and Pokot South constituencies and electoral wards in Nyaki West in
North Imenti Constituency and Kwa Njenga in Embakasi South constituency
resulted in voter suppression to the detriment of the petitioners in petition
number E005 of 2022 as well as whether there were unexplainable discrepancies
between the votes cast for the Presidential candidates and other elective
positions.
Other issues include whether IEBC carried out verification,
tallying and declaration of the results in accordance with article 138{3} {c}
and 138{10} of the Constitution of Kenya 2010 as well as whether the declared
President-Elect attained 50 percent plus one vote of all the votes cast in
accordance with article 138{4} of the Constitution of Kenya 2010.
The issue eighth and ninth respectively are about whether
there were irregularities and illegalities of such magnitude as to affect the
final result of the Presidential Election as what reliefs and orders can the
court grant or issue.
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