The Azimio One Kenya coalition on Monday, August 22, filed a petition at the Supreme Court challenging the election of Kenya Kwanza Alliance leader William Ruto as Kenya’s fifth president.
Azimio presidential candidate Raila Odinga and his running mate Martha Karua argue that the election conducted on August 9 was marred by irregularities and the declaration of Ruto as President-elect is null and void.
The petitioners named the Independent Electoral and Boundaries Commission (IEBC), its Chairperson Wafula Chebukati, six commissioners and Ruto as respondents.
The petition drawn and filed by Paul Mwangi and Company Advocates pokes holes into the electoral process and tallying of the final presidential results.
“The manner in which the 09th August 2022 presidential election was conducted, graduated beyond contumacious disregard for The Constitution, the rule of law, the national values and principles of good governance, and the lawful authority of the Court; to premeditated unlawful and criminal subversion of the integrity and constitutionality of the electoral process in order to assist and secure a fraudulent result,” the petition read in part.
“In the conduct of the 09th August 2022 presidential election, the 2nd Respondent with wilful intent set out to subvert the sovereign will of the people of Kenya and overthrow the constitutional order.”
Citing deep divisions in the commission that saw four commissioners disown resultsannounced by Chebukati last week, Azimio argues that the electoral process lacked transparency and accountability.
Azimio further argues that by the time Chebukati declared Ruto as President-elect the commission had not tallied or verified results from 27 constituencies.
“The tally and count in the aforesaid 27 constituencies would have affected the outcome of the presidential election,” Azimio said.
“The final result declared by the 1st Respondent was therefore not complete, accurate, verifiable or accountable and cannot be the basis for a valid and legitimate declaration.”
Amid the accusations, here is a list of reliefs Azimio is seeking:
-The court to issue orders directing the electoral body to avail all the material including electronic documents, devices and equipment for the Presidential Election within 48 hours.
-The court to order IEBC to produce, avail and allow access for purposes of inspection of all the logs of any and all servers hosted by and/or on behalf of the commission.
-The court to summon the Director of Criminal Investigations (DCI) to produce statements, photographs, reports, equipment, laptops, phones, other gadgets and devices and any other materials connected or related to the conduct of the elections and found in possession of the Venezuelan nationals.
-An order to be issued directing the DCI to produce the laptop(s) retrieved and seized from UDA agent Koech Geoffrey Kipngosos and the report of the Forensic Analysis and Examination of the laptop(s) and contents.
-An order to be made for scrutiny of rejected and spoilt votes and a declaration issued.
-The court to order a forensic audit of Forms 34 A, B and C and all equipment, system and technology used by IEBC in the Presidential Election.
-A declaration be made nullifying the election results announced by Chebukati and that IEBC should be directed to tally and verify the results, and declared Raila and Karua as the President and Deputy President-elect.
-A declaration be made that IEBC is incapable of presiding over and rendering a proper, credible, verifiable and valid presidential election.
-That the results tallied and verified after a scrutiny and forensic audit be considered valid outcome of the presidential election.
-That the August 9 Election was not held in accordance with the constitution, and should be declared invalid, null and void.
-A declaration that Ruto was not validly declared President-elect since he did not meet the 50% plus 1 threshold and that Chebukati’s declaration is invalid, null and void and the gazette notice declaring him President-elect be quashed.
-Court to issue orders directing IEBC to organise and conduct a fresh presidential election and that the decision of four IEBC commissioners who rejected election results be upheld.
-The judges declare Chebukati unfit to hold public office and that IEBC, its chair and commissioners Boya Molu and Abdi Guliye committed election irregularities.
-Azimio also wants IEBC, Chebukati and Ruto to bear the cost of the petition.
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