Moni Malawi 
The president-elect had argued that the LSK could not be neutral in the matter because one of the petitioners, Martha Karua, is a member and a former leader.
The petition was in response to an application by LSK to be enjoined in the petition as an amicus curiae, claiming that it has the expertise to assist the Apex Court in reaching a fair decision.
In the latest developments, the LSK will be admitted to the case as Amicus Curiae- friend of the court alongside the International Court of Justice (ICJ).
Two other petitions were also rejected, one by Moses Kuria, who sought to have Raila’s petition dismissed on the grounds that he engaged in electoral malpractice.
The Supreme Court ruled in its ruling that the petition was not within its jurisdiction because it neither challenged the presidential results nor named the president-elect 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,”
An application by Agano Party presidential candidate David Mwaure to be enjoined in the petition to oppose the petition challenging Ruto’s victory was also denied.
The Supreme Court also denied President-elect Ruto’s request to have the affidavits of six IEBC commissioners struck down.
In their affidavits, four of the commissioners, Juliana Cherera, Francis Wanderi, Irene Masit, and Justus Nyang’aya, stated that the presidential election was not transparent.
On the other hand, two of the comiisioners, Boya Molu and Abdi Guliye, in their affidavits, defended the commission, saying the results were a true reflection of the voters’ will.
