After an appeal filed by the unsuccessful candidate Raïla Odinga, the Kenyan Supreme Court unanimously confirmed the victory of outgoing Vice-President William Ruto in the presidential election on 9 August. At 55, William Ruto thus becomes the fifth president since the country’s independence in 1963. He should be sworn in on September 13.
This is the third time since its creation by the 2010 Constitution that the highest court in the country has ruled on a dispute linked to the presidential election. The Supreme Court is the highest court in the Kenyan judicial system and the only one empowered to decide in case of problems.
Its final and enforceable decisions are issued by seven judges officially appointed by the President of the Republic, but the latter does not have the power to intervene. The Court is renowned for its credibility and independence. It’s'”one of the strongest in the region“, as Benjamin Hunter, an analyst at the British firm Verisk Maplecrof, points out to AFP.
Since May 2021, the Supreme Court has been presided over by Martha Koome, the first woman in the country’s history to lead one of the three branches of the state. Educated at the University of London, the 62-year-old former lawyer is a fervent campaigner for women’s rights.
She joined the bench in 2003, after practicing as a lawyer for more than a decade. Upon her appointment to this key position, she pledged to rid Kenya’s judicial system of corruption and preserve its independence.
In March 2022, the Supreme Court confirmed its independence by invalidating a constitutional review process initiated by President Uhuru Kenyatta. The latter wanted to create new positions within the executive in order to change the current system which, according to him, would be a source of recurring electoral conflicts. His detractors for their part denounced a ploy by the head of state to stay in power.
Another coup of the Supreme Court, the invalidation of the presidential election in 2017 won by Uhuru Kenyatta, due to “irregularities”. Unheard of in Africa.
This historic decision was hailed abroad as a guarantee of the independence of the judiciary. Four years earlier, the Supreme Court had rejected an appeal filed by opponent Raila Odinga, confirming the election of Uhuru Kenyatta. Today, she pronounces a similar verdict by confirming the results of the presidential election announced on August 15, 2022.