The Ruto ally, Moses Kuria, alongside former Mbeere South MP Geoffrey King’ang’i had asked the court to dismiss Raila’s petition on the grounds that he had engaged in electoral malpractice.
According to Moses Kuria, the chaos at the Bomas of Kenya preceding IEBC Chair Wafula Chebukati’s declaration of William Ruto as president-elect was attributed to Raila’s machinations
Kuria’s petition, according to the ruling, was not within the court’s jurisdiction because it neither sought to challenge William Ruto’s declaration as president-elect nor named Ruto as a party to the petition.
“Indeed, Hon. William Ruto, is not even named as a party to the petition and the remedies sought are alien to those contemplated in the Constitution and in law, whether the election of the President-elect is valid,” the ruling reads in part.
“In view of the foregoing, the petitioners are therefore entitled to a refund of Kshs. 1,000,000/- deposited as security for costs paid upon lodging of the petition,”
On Monday, while responding to Moses Kuria’s petition, Raila Odinga’s legal team argued that the Supreme Court lacked the jurisdiction to hear the petition by Kuria.
“Jurisdiction of the Supreme court in a Presidential Election is confined to determination of the dispute on the validity of a Presidential Election,” reads court papers.
The ruling against Moses Kuria’s petition against Raila now sets the stage for a historical petition in Kenya’s electoral and political history where the electoral commission is split and might be arguing from different sides.
President-elect Willaim Ruto had sought to have affidavits of the four dissenting commissioners struck out by the Supreme Court but his request was turned down by the apex court.