Uhuru lawyers urge court to throw out petition with costs
They argue that no balloting laws were violated during August 8 elections
Attention turns to the seven Supreme Court judges after lawyers wrapped up their case on the presidential election petition yesterday. The judges have up to Friday to decide whether to uphold President Uhuru Kenyatta’s win or order for fresh polls.
Yesterday, Mr Kenyatta’s lawyers asked the court to throw out the petition with costs, saying no balloting laws were violated as claimed by the Opposi- tion. Lawyers Fred Ngatia and Ahmednasir Abdullahi argued that the only reason the court can invalidate the disputed results is on grounds of abuse of rules by voters, and not the polls body.
They said that the Independent Electoral and Boundaries Commission (IEBC) complied with all legal requirements in conducting the General Election.
“For you to invalidate the election you must tell the 17 million people who voted that they transgressed. Mr Odinga has to satisfy you that a person who was not entitled to exercise their right to vote did so and that’s the only way you can invalidate this election,” said Mr Abdullahi.
Mr Ngatia argued that the IEBC ensured that all voters were authorised by law to do so, and that the polls were through secret ballot as provided for by the Constitution.
He further denied the existence of a mathematical formula said to have been used to manipulate the results to guarantee Mr Kenyatta a victory with 11 per cent more votes than his closes rival.
Opposition leader Raila Odinga has challenged Mr Kenyatta’s win citing tallying irregularities.
One of his lawyers, Otiende Amollo, on Monday said the IEBC used a mathematical formula to manipulate the results in favour of Mr Kenyatta.
The formula, Mr Otiende added, when placed on a graph, produces a straight line which he said is a statistical impossibility when tallying results streaming in randomly from different parts of the country.
Mr Ngatia submitted overviews by international observers, particularly former United States presidential candidate John Kerry who gave a clean bill of health to the polls.
“The formula presented by the petitioner has no bearing on the elections because its application is known only to the author. There was no predetermined mathematical method used,” said Mr Ngatia.
Mr Abdullahi, in wrapping up their arguments told the seenjudge bench that the IEBC complied with the Constitution and the petitioner was seeking the invalidation of a process that was valid.
IN SESSION From left: Nasa leaders Moses Wetang’ula, Kalonzo Musyoka and Raila Odinga during the hearing of the presidential election at the Supreme Court yesterday.