In 2017, the predominant opinion in NASA was that the Supreme Court was worse than before. Four judges were from the Bench of 2013 (which had ruled against Raila’s petition challenging Uhuru Kenyatta’s first election victory).
The main consideration in the mind of NASA leaders was whether the judges would have the confidence to demand a scrutiny of the server. Given the massive evidence NASA had unearthed on doctoring of the results in the server, proof of unauthorised access to the system would be the main body of the evidence. The judges’ capacity to do justice in this regard was not assured, just as NASA’s own ability to obtain irrefutable evidence.