RULING OF THE COURT
[1] UPON perusing the Notice of Motion by the applicant dated 6th June 2024 and filed on 13th June 2024 pursuant to the provisions of Section 21 A (a) of the Supreme Court Act and Rule 28 (5) of the Supreme Court Rules, 2020 seeking an order of review of our judgment dated 31st May 2024 and in the alternative, an order allowing the Petition of Appeal dated 1st August 2023; and
[2] UPON reading the grounds on the face of the application, the supporting affidavit dated 6th June 2024 sworn by Harrison Garama Kombe, and the written submissions dated 11th June 2024 and filed on 13th June 2024 wherein the applicant submits that this Court, in the impugned judgment, misapplied the disjunctive test set in Raila Odinga & 6 others vs. William Ruto & 10 Others, Presidential Election Petition E005 of 2022 (Consolidated with) Presidential Election Petition Nos. E001, E002, E003, E004, E007 & E008 of 2022); the Court did not specifically state the place of scrutiny vis a vis burde…