Yes the are going there without evidence but they have judges (at least Koome, Njoki) - possibly (Ouko & DCJ Mwilu) - that leaves only 3 independent judges. They may go nuclear option of declaring Raila has won. That will certainly spark a civil war. I dont see anything else they are doing in supreme court - because if the election is annualed - Raila will get beat - unless they remove Chebukati and Cherera.
So basically they are going there hoping for
1) Improbable recount where Raila is declared winner - election act allows but constitution is clear - scork can only annual. I am sure they will ask for Raila to be declared the winner using some Jujistu move
2) Help Raila create a constitutional crisis - like they tried last minute - by disabling IEBC after calling for re-run - this will allow for NUSU-MKATE gov.
I dont think there is a case worth merit - but like we saw with IEBC - the four commissioners invented nonsense and are running away with it.
So Ruto has to stay on top of any mischief - and has to know how the 7 judges will rule before they rule - and try to avoid a constitutional crisis.
One of the ways is to get 3 judges to opt out if the hearing become contaminated (as it will become) - SCORK can only sit if there is quorom of 5.
Article 163.
(2) The Supreme Court shall be properly constituted for the purposes of its proceedings if it is composed of five judges.
So if Uhuru and Raila are determined to buy 4 judges - Ruto shall get three out long before the determination - making the case still-born.
Yes, no significant evidence, especially when servers remain open. Maraga nullification was rare globally, so another, especially in Kenya, remains highly rare. Besides, Uhuru's executive government revisited the courts, and they suffered for years from that nullification. I don't think they will EVER bother to pull such a stunt, especially when there are no grounds to do it. A repeat election will see Ruto winning by extra 1-2 points unless Ojinga and his crew boycott elections, which I believe they will. The next cry will be {remove Wafula Chebukati or no election]