Azimio filed an online petition on Monday, August 22 kicking off its supreme battle seeking to compel the court to overturn William Ruto’s victory.

Respondents in this case will be Ruto and the Independent Electoral and Boundaries Commission (IEBC) who have already unveiled a list of lawyers who will battle it out with Azimio.

The IEBC team will be led by the former Attorney-General Githu Muigai. He will have the backing of advocates Kamau Karori, Abdikadir Mohamed, Eric Gumbo, Peter Wanyama and Edwin Mukele.

Kenya Kwanza led by Ruto assembled a team of lawyers led by Senior Counsel Fred Ngatia. He will have the backing of Nelson Havi, former Law Society of Kenya (LSK) president.

Other lawyers are former Tharaka Nithi Senator Prof Kithure Kindiki (he represented Ruto at the International Criminal Court), Adrian Kamotho and Collins Kiprono. 

Within 24 hours after a response to the petition is filed, a rejoinder will be filed and served. Ngatia’s side will have four days to file and serve a response following the petition.

A Pre-trial Conference will be held eight days from the date of filing the Presidential election petition.

Immediately after the pre-trial conference, hearing of the petition will take place in the Supreme Court.

The  seven-judge bench led by Chief Justice Martha Koome will then determine the case within the provided threshold of 14 days (September 15, 2022) from the day the petition was filed. 

The hearing will take a record three days before the seven-judge bench writes their verdict.

Should judges call for a recount, Supreme Court will oversee the recounting exercise after which it shall declare the winner and award certificate. Should Ruto’s win be upheld, he will be sworn in on November 12, 2022 as the fifth President of the Republic of Kenya.

According to Elections Act 2011, powers of the election court mandates the Supreme Court to declare a winner should it call for a recount.

Section 80 (4) of Election ACT 2011 states that an election court may by order direct the Commission to issue a certificate of election to a President, a Member of Parliament or a Member of a County Assembly if upon recount of the ballots cast, the winner is apparent; and that winner is found not to have committed an election offence. 

“It is possible. Supreme Court only does a presidential election petition but a recount or a re-tally will have to be done to determine if errors were made,” Senior Counsel, Paul Kanjama stated.