Nairobi — The Supreme Court has ruled that there was evidence that actions by Independent Electoral and Boundaries Commission (IEBC) to postpone local elections in five electoral units impacted the voter turnout on August 9.

Azimio presidential candidate Raila Odinga - the principal petitioner in the 2022 presidential petition -- had alleged that the decision by IEBC to postpone the election in the areas perceived to be his strongholds directly impacted the voter turnout.

The Court, however, in a unanimous verdict, declared that "there is no proof the postponement resulted in voter suppression to the detriment of Odinga."

IEBC postponed the elections in the affected areas due to a mix-up of ballot papers on August 8, 2022, a day before voting.

The postponed elections included gubernatorial elections in Kakamega and Mombasa, parliamentary elections in Pokot South, Kitui Rural, Rongai, and Kacheliba, and ward elections in Nyaki West in North Imenti constituency and Kwa Njenga in Embakasi South, Nairobi.

The court established that "this was a genuine mistake" and that "IEBC did not act in bad faith," as alleged by the petitioner.

Koome stressed that Odinga failed to demonstrate that IEBC had no authority in law to postpone the elections and that it was deliberate and calculated to suppress the voter turnout to reduce the result by lowering his overall votes.

"After looking at the law, we are satisfied that IEBC had the requisite power to postpone elections in the affected areas," Koome said.