In a statement to newsrooms,Raila said the Azimio Coalition stands for the rule of law and respects the Supreme Court ruling although they “vehemently disagree” with it.

“We have always stood for the rule of law and the constitution. In this regard, we respect the opinion of the court although we vehemently disagree with their decision today,” said Raila.

“Our lawyers proffered irrefutable evidence and the facts were on our side, unfortunately the judges saw it otherwise,” he added.

On Monday a seven Judge bench led by Chief Justice Martha Koome, unanimously upheld the election of President-elect William Ruto in the August 9 polls.

"We declare the election of the first respondent as President-elect to be valid..." Chief Justice Martha Koome ruled at 1:34PM.

At the same time, Raila took issue with the abridged judgment saying it was “incredible” that the Supreme Court would dismiss all the nine issues they had raised with the presidential results in their petition.

“We find it incredible that the judges found against us on all nine (9) grounds and occasion resulted in unduly exaggerated language to refute our claims,” he said.

 “This judgement is by no means the end of our movement, in fact it inspires us to redouble our efforts to transform this country into a prosperous democracy where each and every Kenyan can find their full belonging.”

Mr.Odinga thanked his supporters noting "We will be communicating in the near future on our plans to continue our struggle for transparency, accountability and democracy.”

Odinga and his running mate Martha Karua had moved to court seeking to nullify William Ruto’s election.

Electoral body Chairman Wafula Chebukati declared Dr. Ruto as the winner of the presidential election after garnering 7,176,141 votes, representing 50.49 per cent of the per cent of the total votes cast. 

"As a consequence, we declare the election of the first respondent as President-elect to be valid under Article 143 of the Constitution. This being a matter cutting across the public interest, we order that each party bear their own cost. It is so ordered."

The electoral body chairman Wafula Chebukati, on August 15, 2022, declared William Ruto the winner after garnering 7,176,141 votes, representing 50.49 per cent of the total votes cast. 

His main challenger Raila Odinga of the Azimio La Umoja One Kenya coalition party got 6,942,930 votes representing 48 per cent of the votes cast.

While delivering the abridged version of the judgement, Chief Justice Martha Koome who promised to avail the full judgment in 21 days said the petitioners failed to prove beyond reasonable doubt that there was electoral malpractice to warrant nullification of Ruto's elections victory. 

"It is our finding that the declared President-Elect attained 50% +1 of all the votes cast in accordance with article 138.4 of the constitution," she ruled.

During a status conference on Tuesday, the apex court asked the electoral body to, among other things, grant the petitioners access to any server used to capture images of Forms 34C.

In a letter to commission Smartmatic's Managing Director F. Gunnick noted that providing full access to the servers would be an infringement on their property rights.

Gunnick added that allowing access to their information to a third party would also render it insecure for any future use. 

“Providing full access would infringe our intellectual property rights,” reads the statement from Smartmatic. 

“Providing third parties access to our source code, and security features including transmission certificates and encrypted keys would render the system insecure – as it is today – for any future use in Kenya or anywhere else in the world. In addition to violating our IP rights, this would also jeopardize elections in other countries that are using or have used our systems," it further stated. 

Gunnick however recommended that the Wafula Chebukati led body makes all "data related to the Results Transmission System and the Results Transmission System logs" available which he stated should be sufficient to audit the results transmission and substantiate that its work was above boad. 

Gunnick further defended the accuracy of the results highlighting that "all physical tally reports were available" to everyone including political parties and election observers who were able to tally the results independently.

Speaking to the press at the Supreme Court precints ahead of Tuesday’s pre-trial conference, Amadi noted that an additional team of 11 observer judges from the Commonwealth member countries, as well as eight law clerks, will also be present at the courts.

“All the seven judges are expected to participate, unlike last time when we only had six. We have observers, and judges from the Commonwealth countries, led by Tanzania’s retired Chief Justice, Hon. Mohammed Othman, who will be joining us,” she stated.

She noted that only four lawyers from both parties will be allowed to access the courtroom during the pre-trial which kicks off at 11 o’clock at the Milimani Law Courts Ceremonial Hall.

The court registrar also acknowledged that the court is also considering applications from people seeking to be considered as interested parties or friends of the court in the presidential petition.

“We have also received over 20 interlocutory applications which have been filed by different parties; some asking to strike out the petition, some seeking to be included as interested parties or friends of the court ,"

“These are being considered and all the rulings will be delivered to the respective parties electronically,” she said.

The seven judge bench is composed of Chief Justice Martha Koome, Deputy Chief Justice Philomena Mwilu, Justices Njoki Ndugu, Smokin Wanjala, Isaac Lenaola , Mohamed Ibrahim and William Ouko.

During the 2017 Presidential Election Petition, the case was heard by a six-judge bench comprising Chief Justice Maraga, his deputy Philomena Mwilu, Judges Smokin Wanjala, Isaac Lenaola, Njoki Ndung’u and Jackton Ojwang’.

Judge Mohamed Ibrahim was hospitalised at the time of the ruling and did not render his judgement.