Some of the issues that the Supreme Court will have to determine should the election of 26/10/2017 be impugned before it are:-
Whether IEBC conducted a fresh election or a repeat election.
Whether a fresh presidential election contemplated under Article 140 (3) starts with fresh nomination of candidates or proceeds with the candidates who vied in the annulled elections!
Who is eligible to participate in a fresh election contemplated under Article 140 (3) of the Constitution, 2010.
Whether IEBC conducted fresh elections in accordance with the constitution and existing laws.
Judge Mativo may have attempted to pronounce himself on some of the above issues but the Supreme Court will have the final say!
Of course at the supreme court there will be prominent lawyers, partisan lawyers and may be good lawyers.
The good lawyers will carry the day!!