Part of the debate around the Supreme Court presidential petition is based on key Constitutional aspects, from the role of the Independent Electoral and Boundaries Commission (IEBC) to the power of the apex court to order a recount, nullify and uphold the August 9 polls. 

The Latin lexicon used in court will also surface, from phrases such as amicus curiae which means friend of the court to res judicata - a matter that has been judged. 

However, prior to the court's proceeding, a debate ensued on three key terms re-run, run-off and fresh elections. The Supreme Court may order a re-run, run-off or uphold IEBC results after Azimio La Umoja flagbearer, Raila Odinga challenged President-elect William Ruto's victory.  

Led by its president and Chief Justice, Martha Koome the highest court in Kenya is expected to issue a ruling on Monday, September 5. With the petition hearing in mind, what's the difference between a fresh Presidential Election, a re-run and a run-off? 

Lady Justice Martha Koome (center) and the other members of the Supreme Court bench. FILE

Lawyer Peter Kaimba explained to Kenyans.co.ke that a fresh presidential election, similar to what took place on August 9, involves the launch of an electoral exercise where candidates are invited to apply for a chance to contest for the highest office on the land. 

IEBC will thus vet applicants a fresh and issue new election timelines. New faces other than those voted for on August can appear on the ballot. 

A run-off, on the other hand, is a contest between top two Presidential aspirants from a fresh election where none scored more that the requisite 50 per cent plus one threshold.

"Fresh elections is like what happened on August 9, 2022. That is when we do the nationwide General Elections.

"A run-off happens in the event that the winner has not met the election threshold of 50 per cent plus one more vote. It is  usually between the number one and number two who were contesting," Kaimba stated. 

A run-off in this case may be between Raila Odinga and William Ruto only, if none of the four candidates in the August 9 polls met the required threshold - 50 per cent + 1 vote and 25 per cent of votes in 24 counties. 

A re-run, according to Kaimba, is similar to a run-off but involves the repeat of an election where all candidates remain on the ballot. No new aspirants are vetted nor allowed to be in the race.  

Regarding the suits filed at the Supreme Court, Kaimba explained that there was a chance some of the petitions will be consolidated depending on the prayers presented by each party.

"The Court will have a look at the petitions that have been filed and decide which one will be combined. What will determine if the three can be consolidated is the prayers that are being sought by each of the petitioners," he added.

For Raila Odinga, the lawyer observed that the former Prime Minister was seeking a run-off by arguing that none of the Presidential contenders hit the 50 per cent plus one vote threshold.

In his petition, Raila also wants to be declared president-elect if the court orders a recount and finds him the winner.  

"And order be and is hereby made consequent upon nullification of the declaration of the results announced by Wafula Chebukati directing IEBC to tally and verify the count and declare Raila Odinga and Martha Karua as duly elected as President-Elect and Deputy President Elect respectively," one of the 21 reliefs Raila seeks in court reads. 

The Supreme Court of Kenya. KENYANS.CO.KE, By Derrick Okubasu, Kenyans.co.ke