Deputy Chief Justice Philomena Mwilu, Chief Justice David Maraga and Justice Mohamed Ibrahim at the Supreme Court on Sunday. [Photo: Daily Nation]Chief Justice David Maraga, as a Seventh-day Adventist adherent and also president of the Supreme Court, will ensure that the decision is made before 6pm Friday, when the Sabbath starts.The 7 judges can dismiss the petition altogether, meaning that President Kenyatta would be deemed duly elected, or they can declare the poll invalid, sending Kenyans back to the ballot in two months, the Friday's Nation reports.According to the paper, the rejected votes will play a key role in deciding whether President Kenyatta met the threshold of 50 per cent plus one vote.Raila Odinga, of the National Super Alliance, contests the win, arguing that the poll was marred by massive irregularities and inconsistencies.He says there were 'grave inaccuracies' that were either as a result of negligence by or the willful intention of the Independent Electoral and Boundaries Commission (IEBC). The Nasa leader argues that the poll agency adopted 'a consistent pattern of increasing' President Kenyatta’s figures but reducing his votes.Among the issues the seven judges will be grappling with are whether there were irregularities in the poll and, if so, whether they were massive enough to annul the results.In his submissions in court, Attorney-General Githu Muigai said that 'the threshold required to disturb the election is such that the evidence has to disclose profound irregularities in the management of the electoral process'.Whereas President Kenyatta, through lawyers Ahmednasir Abdullahi and Fred Ngatia, says that a voter should not be punished for the mistakes of poll officials, Odinga argues that the process should have been “clean”.Another matter the judges will be grappling with is the different sets of results and disparities in votes between presidential, gubernatorial and senatorial seats.
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