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What happens if the six Supreme Court justices tie in their verdict?

The Supreme Court will today deliver the verdict on whether to uphold President Uhuru’s election.

The six judges, Chief Justice David Maraga and his deputy Philomena Mwilu, justices Jackton Ojwang, Smokin Wanjala, Njoki Ndung’u and Isaac Lenaola will decide whether to uphold or nullify Uhuru’s victory for the second time in three months.

The seventh Judge, Mohamed Khadhar Ibrahim has been away for a couple of months for medical reasons.

If the judges tie and deliver a 3-3 ruling, then Uhuru will carry the day.

Uhuru’s victory was challenged by ex-Kilome MP Harun Mwau and Njonjo Nue of ICJ Kenyan Chapter together with Khelef Khalifa-Muhuri Chairman.

The two petitioners argued that Uhuru’s victory is void because IEBC failed to stop the election even after the withdrawal of NASA’s Raila Odinga and that after proceeding to hold elections, the commission failed to conduct fresh nominations.

If the court rules in Uhuru’s favor and upholds his victory, he will be sworn into office on November 28.

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