The Supreme Court on Friday concluded its hearing of the presidential election petition, with the seven-judge bench retreating to write their verdict that will be rendered on Monday.
Following the conclusion of the legal showdown, all eyes are now fixed on the judges to administer their ruling which will give the way forward for the country.
Regardless of the outcome on Monday, here are the possible orders the court may make:
Dismissing or upholding the petition
The apex court may dismiss the petition by Azimio la Umoja One Kenya coalition party chief Raila Odinga, thereby upholding the victory of President-elect William Ruto.
In a situation where the apex court quashes the petition, the court will likely declare Ruto as the duly elected 5th President of Kenya.
Validating or invalidating the declaration made by IEBC
In another possible outcome, the court may invalidate the declaration of Ruto by the Independent Electoral and Boundaries Commission (IEBC) as the President-elect, which will set the stage for the nullification of the August elections.
This will be determined in adherence to Article 138(5) of the Constitution.
Payment of costs
Regarding a situation where Odinga’s petition is thrown out and Ruto’s victory upheld, the court will direct on the party which caters for the cost of the petition.
This means that the legal teams representing the respondents (Ruto, IEBC) will be catered for by the petitioner or as the court may deem fit depending on the circumstances.
Determination of Petition
According to Article 163 (2) of the Constitution which stipulates that the judges of the court shall, as far as practicable, form the bench for hearing and determining the petition, their decision shall be final.
It will mean that if Ruto’s victory is upheld, then he will be sworn in on September 13, 2022, seven days after the delivery of the verdict.
Should they allow the petition, Ruto’s declaration as President-elect will be nullified and a repeat State House race conducted within 60 days.