Why Supreme Court May Not Order Vote Recount According To Petition

The Supreme Court should receive the ballots so that it may supervise the vote recount, according to attorney Suleiman Bashir, who spoke to The Standard. He claims that because the Supreme Court won’t be able to determine the constitutional timeline, it “will be locked into a stance.”

According to Bashir, this may not be possible in the current situation, despite the court’s capacity to declare a winner if it conducts its count and discovers that the loser won the election.

The lawyer contends that there are only two remedies the Supreme Court will accept: either to overturn or uphold the outcomes of the recently held general election. Bashir concurs that the judges are unable to reach a conclusion regarding a re-tally before the election is announced. The Kenyan Law Society’s president, Eric Theuri, concurs.

However, he argues that if the petitioner asks a retally, the team must be transparent and have sufficient knowledge of the voting sites where errors were committed. The judges will make the choice. He claims that the election will be thrown out if the electorate for the president is reduced while the electorate for the number two is boosted in some polling places.

Theuri claims that the results will be nullified if the dispute is settled using the variations of votes from a truly cast ballot because the margin of victory between Ruto and Raila was over 200,000. The guy claims that should Raila obtain 49% of the vote and make any major gains over Azimio, the president-elect may not have received the required 50% plus one votes, and the election will be declared invalid.

The LSK leader advises the lawyers for the petitioner and respondent to proceed with caution lest they be accused of trying to “spin” the election results in order to have their client’s candidate declared the victor.

Respondents have four days to respond to the Supreme Court’s accusations made against them, while petitioners have seven days to present their argument. The court’s decision must wait two weeks.

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