Will Ruto be President if Uhuru elections is nullified: he was not sued

[Higgins the genius]

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Lawyers here: What happens when Supreme Court nullifies the election and Ruto was not part of the proceedings; will he remain the Deputy President and take over as the president?

[RV Pundit]

Really? Of course not.

[Kim Jong-Un's Pajama Pants]

Lawyers here: What happens when Supreme Court nullifies the election and Ruto was not part of the proceedings; will he remain the Deputy President and take over as the president?

No.  It's one ticket.

[Omollo]

Interesting.

Higgins the court can rule as follows:

1. Dismiss the petition
2. Allow the petition

What happens in each case

1. Uhuru is sworn in
2. A new election

There are two possibilities:

If it finds that the election was so hopelessly flawed as to suggest no election took place, we start from the beginning with multiple candidates.

If some of the figures are accepted there could be a runoff between Raila and Uhuru.

It could also give the parties an opportunity for arbitration - on thin legal basis but suggested by Ngatia. Maraga is a supporter of arbitration. 

[RV Pundit]

Hakuna maneno mingi - if petition succeed - then a fresh election is held 60 days from now - and if not Uhuru is sworn as president.

140. (1) A person may file a petition in the Supreme Court to
challenge the election of the President-elect within seven days after the
date of the declaration of the results of the presidential election
(2) Within fourteen days after the filing of a petition under clause
(1), the Supreme Court shall hear and determine the petition and its
decision shall be final.
(3) If the Supreme Court determines the election of the Presidentelect
to be invalid, a fresh election shall be held within sixty days after
the determination.

[Kim Jong-Un's Pajama Pants]

There is also the angle of election offences which was included in the petition.  Suppose there is a conviction on that.  Does it also impact Kipindupindu arap Singh?  Do they continue occupying office?

I am not sure, even though the statutes and constitution are generally silent on this scenario, if the SCOK would be in an ideal position to create a new precedent.

[Kadame7]

Really? Of course not.

Lol! Succintly put. For a second there I thought Higgins was trolling.  Anyway, my professors always said there is no such thing as a dumb question (only dumb answers )

[Kadame7]

There is also the angle of election offences which was included in the petition.  Suppose there is a conviction on that.  Does it also impact Kipindupindu arap Singh?  Do they continue occupying office?

I am not sure, even though the statutes and constitution are generally silent on this scenario, if the SCOK would be in an ideal position to create a new precedent.

Bear in mind I haven't looked at these laws but I should think that at the very least things like that become good evidence in smaller petitions.