Nairobi — President-Elect William Ruto has pleaded with the seven-judge bench of the Supreme Court to decline prayers sought by petitioners in the consolidated presidential election petition that is seeking to overturn his victory.
Ruto's counsel pleaded with the court presided over by Chief Justice Martha Koome, the court's president, to issue orders and reliefs that are stable and final to avoid a constitutional crisis in the country.
Through Senior Counsel Fred Ngatia, Ruto dismissed the consolidated petition filed at the Supreme Court led by that of his closest competitor Raila Odinga as one seeking to create a crisis and not one pursuing a just cause.
"The orders sought in the primary petition are not only contradictory, but they would also take this country into a constitutional crisis. We now have the incumbent President in office with limitations in Article 134. The incumbent cannot even appoint anybody to take over from any of the public officers being vilified before you," Ngatia said.
"If for example and I say for example guardedly this honorably Court were to even countenance anything other than stability and finality, then a constitutional crisis would be triggered because the first petitioner has repeatedly said he will not participate in an election under the chairmanship of IEBC chairperson Wafula Chebukati."
Ngatia further told the judges that the petitioners had no evidence that the election was bungled and defended Ruto's victory which he said was a culmination of a fair, free, verifiable and constitutional process where Kenyans expressed their will.
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"The people of Kenya did express their sovereign will and what is now under inquiry is whether that sovereign will by 14 million Kenyans will stand unhindered or whether this court will consider any other remedy other than upholding the sovereign will of the voters," said Ngatia.
He urged the Supreme Court Judges to dismiss the petition saying it lacked merit and does not meet standards of an election petition.
In the consolidated petition, Odinga asked the court to nullify the August 9 election alleging electoral fraud in favor of Ruto.
In his prayers, he also submitted that Ruto had failed to attain the 50 percent plus one vote required by law.
IEBC Chairperson Wafula Chebukati, on August 15, declared Ruto the President-Elect after garnering 7,176,141 (50.49 percent) votes against Odinga, who got 6,942,930 votes (48.85 percent).
After hearing submissions from all parties, Justices Koome (Chief Justice), Philomena Mwilu (Deputy Chief Justice), Mohammed Ibrahim, Smokin Wanjala, Njoki Ndungu, Isaac Lenaola and William Ouko will issue a verdict on Monday.
