The Supreme Court of Kenya on Monday confirmed the election of William Ruto as the fifth President of the Republic of Kenya. The ruling followed a petition filed by Ruto’s main rival former Prime Minister Raila Odinga.
Among the grounds put forward by Odinga’s legal team was the claim that Ruto, who is the current Deputy President, did not garner the required quota to take office and demanded a rerun.
Kenya’s Independent Electoral and Boundaries Commission (IEBC) on August 15 declared Ruto as the winner of the presidential election with 7,176 141 votes, representing 50.49 per cent of the total valid votes.
The Kenyan constitution provides for a 50 per cent plus one vote for anyone to be declared President. However, his lawyers said that the calculation of the percentage garnered should have been based on the registered voters, instead of the ballots cast.
In delivering her verdict, Kenya’s Chief Justice Martha Kooome who led the bench of seven justices said that judges unanimously ruled that Ruto was validly elected as president during the August 9, 2022 presidential election.
Following the decision, Ruto will be sworn into office on September 13, 2022, which is the first Tuesday after the court delivers its verdict following a presidential petition.
Odinga’s team also argued that the technology used in transmitting presidential results was infiltrated by people who intercepted forms and changed results in Ruto’s favour but judges dismissed the claim saying there was no evidence to prove so.
"We find that the petitioners did not provide watertight evidence to warrant the setting aside of the results announced by the IEBC,” said Chief Justice Koome.
"The declared-president elect attained 50 per cent-plus one of all the votes cast in accordance with Article 138 (4) of the Constitution,” she added.
This becomes the first time in Kenya’s electoral history that a presidential candidate wins the presidency at the first attempt.
William Ruto, who turns 56 years old on December 21, 2022 will be Kenya’s fifth president.
His key challenger Odinga, who is 77 years old, has unsuccessfully vied for president on five occasions – 1997, 2007, 2013, 2017 and 2022.
Though Odinga did not immediately comment on the ruling, his lawyers said they respect the court's decision.
According to the Kenyan constitution, Ruto and his deputy are expected to be sworn in within seven days of the ruling.