BY SAM ALFAN.
The Independent Electoral and Boundaries Commission (IEBC) and Chairman Wafula Chebukati has urged the Supreme Court to dismiss several petitions challenging William Ruto’s win saying they lack merit.
Through Prof Githu Muigai the commission told the court that the petitions are full of generalities and innuendos, and no evidence of probative value has been laid to support the case.
He said the petitions have made all sorts of allegations including fraud, conspiracy and implied treason without a shred of evidence.
Prof Githu further submited that international observors applauded the process saying it was free, fair and transparent.
“All observers came back with one conclusion, this was an open and transparent election,” he said.
The court heard that since the annulment of the presidential election in 2017, IEBC overhauled its entire electoral structure with the guidelines provided by the court after the nullification of the presidential election.
“The petition before you has absolutely nothing to do with any legal lacuna; it’s about numbers. The petitioners have tried to argue every other point except numbers,” he submitted..
He added, “It is my first submission that the IEBC and its chairman conducted the August 9, 2022 elections strictly in compliance with the law.’
He pointed out that there was a concerted effort to ensure that there was no declaration. “So the sanctimonious self-righteous pompous pontification of the so called four commissioners are an afterthought,” he said.
Prof Githu told the judges that the allegations made by team of lawyers representing the two petitioners are only supported by way of affidavit evidence whose deponent will not be called by the court for cross-examination.
He submitted that there was no evidence produced during their submissions to prove allegations of manipulation , tampering, interference and access to the electoral system by strangers as alleged.
He said some of the senior lawyers have secured positions of Governors, senators and members of Parliament, they have not complained that the process of the election is not free and fair.
On his part Kamau Karori told the bench that allegations being raised by the Petitioners are not supported by way of any evidence.
Karori further told the judges that the commission is cooperate body or entity those working under the commission have their role to play saying the four commissioners who complained not being involved in tallying and verification process were ignorant of the law.
The lawyer further clarified that the counting and tallying start from the constituency,Form 34 A is transmitted in two ways electronically and manually through a respectively returning officer.
On the 27 constituencies which petitioners alleged that they were not tallied and verified the same was done in presence of the four commissioners.
Lawyer Karori told the court that the postponement of election in Kakamega arose as a result of mixup the voting of material which was detected on August 8, 2022 in which the returning office noticed mixup of images .
In Mombasa the lawyer submitted there was ongoing litigation of gubernatorial which wet to the late hours and exercise of election could not go on.
The court was also the four commissioners visited Greece where election material were being printed saying their against the chair is an afterthought.