The Supreme Court in Kenya will spend another day hearing the Presidential Elections Petition which was filed by candidate Raila Odinga against the Independent Electoral and Boundaries Commission (IEBC).
Earlier this month, Kenya held presidential elections where IEBC declared Kenya Kwanza Alliance leader William Ruto as winner of the election with 50.5% while his close contender Raila Odinga came off with 48.3%.
This will be Raila’s third petition to the supreme court out of his five attempts to become Kenyan President.
He first went to the Supreme Court in 2013, to challenge Kenyatta’s presidential election, and here the court rejected his petition unanimously.
The second time was in 2017 when Raila challenged the incumbent Uhuru Kenyatta’ re-election in the Supreme Court and the election was annulled forcing a re-run the opposition politician boycotted. Raila jumped out of the re-run.
Raila and his running mate Martha Karua in the hearing are represented by a team of four lawyers led by Senior Counsel James Orengo. The court has consolidated seven cases challenging the declaration of Kenya Kwanza Alliance leader William Ruto as the winner of the election by the Independent Electoral and Boundaries Commission (IEBC).
The court on August 29 gave both the Azimio and Kenya Kwanza lawyers three hours to present their cases before the court.
On Wednesday, Orengo said a team of Azamio lawyers had assigned each lawyer a number of issues to handle from the nine that were identified by the court for determination.
Senior Counsel Philip Murgor to handle Issues (1, 2 & part of 3). Here Murgor will have to challenge their counterparts by showing whether the technology deployed by the IEBC for the conduct of the 2022 general elections met the standards of integrity, verifiability, security and transparency to guarantee accurate and verifiable results.
Grounds
Whether there was interference with the uploading and transmission of Forms 34A from the polling stations to the IEBC Public Portal
Whether there was a difference between Forms 34A uploaded on the IEBC Public Portal and the Forms 34A received at the National Tallying Centre, and Forms 34A issued to the Agents at the Polling Stations.
Lawyer Julie Soweto is tasked to handle Issues (3, 4 & 5) showing whether there was a difference between Forms 34A uploaded on the IEBC Public Portal and the Forms 34A received at the National Tallying Centre, and Forms 34A issued to the Agents at the Polling Stations.
Whether the postponement of Gubernatorial Elections in Kakamega and Mombasa Counties, Parliamentary elections in Kitui Rural, Kacheliba Rongai and Pokot South Constituencies and electoral wards in Nyaki West in North Imenti Constituency and Kwa Njenga in Embakasi South Constituency resulted in voter suppression to the detriment of the Petitioners in Petition No. E005 of 2022.
Whether there were unexplainable discrepancies between the votes cast for presidential candidates and other elective positions.
Paul Mwangi to take (Issue 6) the show the court whether the IEBC carried out the verification, tallying, and declaration of results in accordance with Article 138 (3) (c) and 138 (10) of the Constitution. He will be assisted by lawyer Paul Mwangi.
Senior Counsel James Orengo (Issue 7) will have to challenge the percentage on which the declared President-elect attained. Whether he got the 50%+1 vote of all the votes cast in accordance with Article 138 (4) of the Constitution.
And lastly Senior Counsel Pheroze Nowrojee in this case will handle (Issues 8 & 9) to show whether there were irregularities and illegalities of such magnitude as to affect the final result of the Presidential Election.
What reliefs and orders can the Court grant/issue?
Raila and Karua want the court to nullify the results announced by Chebukati. They also want IEBC to be directed to tally and verify the results and declare the two of them as President and Deputy President-elect.
The public waits to see whether history will be rewritten as the Kenyan longtime opposition presidential candidate becomes the first citizen of Kenya.
