
Petitioner Raila Amollo Odinga lawyers at Supreme Court Nairobi County Kenya. PHOTO / CHRIS OJOW

Kenyan Independent Electoral Boundaries Commission Lawyers at Supreme Court Nairobi County Kenya. PHOTO / CHRIS OJOW

Dr. William Ruto President elect of the Republic of Kenya Lawyers arrive at the supreme Court Nairobi County Kenya. PHOTO / CHRIS OJOW
By Chris Ojow
Dr. William Ruto President elect
described Azimio Presidential candidate
Raila’s petition as a fiction straight
acted from Holy Wood by movie maker
James Bond and afro cinemas in Nigeria.
The 9th respondent informed the seven
Supreme Court Judges that Raila Amollo
Odinga filed fake form 34A as his
evidence without presenting prove .
The petitioner failed to prove before
Court that form 34A originated from
IEBC.
“The concluded general election was
transparent and fairly conducted by the
Country Independent Electoral Boundaries
Commission” said Dr. Ruto.
Supreme Court learnt that the
petitioner failed to produce form 34A
that he alleged was tampered with before
court.
Azimio witness Arnold Ochieng a lawyer
in his affidavit , produced several form
34A but failed to mention origination,
Dr. Ruto reminded the court that
certificate to certify form 34A which
meets the criteria was missing.
Dr. Ruto termed IEBC alleged documents
filed before Supreme Court by Azimio
Presidential candidate Raila Amollo
Odinga as fake.
Lawyer Fred Ngatia representing the 9th
respondent said article 38 of the
Constitution that empowers Kenyans to
vote by secret ballot for the candidate
of their choice was actively adhered
too.
As Katwa Kigen submitted that an
election Petition should be precise and
we’ll focused.
Lawyer Muthomi alleged that the
petitioner Azimio Presidential candidate
stage managed his allegations
fashioned like a movie fiction .
“Our leaders have failed to accept the
culture of accepting results” said Dr.
Ruto lead counsel Fred Ngatia.
“The argument of Azimio is based on
pranks , there is no evidence that
Azimio produced in court to prove that
the forms were highjacked and figures
changed” Ngatia stressed .
Dr. Ruto wondered if for example : the
court decided to nulify his win and
calls for a presidential election rerun
,and already the Petitioner Raila in
one of his several prayers seeks that
the current IEBC should not conduct the
election.
“Raila will be taking this country back
to a state of emergency and
constitutional crisis, since the
Petitioner on several occasions
repeatedly said that he will not
participate in the repeat election” Dr.
Ruto responded.
As Independent Electoral Boundaries
Commission in their response through
lawyer Githu Mungai , the former Kenyan
Attorney General posed a question to the
Supreme Court Judges that , if the
general election was indeed bungled as
alleged by Raila , then all those who
were elected in other positions as
Governors, Law Makers , Senators Women
rep and MCA should not assume duties
and fresh election be called.
Githu Mungai was responding on behalf of
IEBC and Wafula Chebukati where all
guns were loaded directly aimed to
Chairman with petitioners demanding
court to bar him from holding public
office.
IEBC in defense compared the four
commissioners who went separate at
eleventh hour as acting childish and
questionable conduct.
“IEBC Commissioners and Chairman are
protected under Article 252 clause 2 of
the Constitution and the process of
removing the Chairman Wafula Chebukati
or the entire seven Commissioners due
process must be followed inline with the
law” Githu stressed.
The first and second respondents again
reminded the court that the first
petitioner has a history of rejecting
election outcome . And IEBC Chair
Chebukati’s actions was guided by the
law.
IEBC Chair was also taken by surprise
after being deserted and wondered why
the four commissioners failed to raise
issues in advance?
And only to hold a press conference at a
Nairobi hotel distancing themselves at
eleventh hour from the results being
announced by the Presidential presiding
officer as enshrined in law.
Article 138 clause 10 of the
Constitution clearly states that ,
within seven days after the presidential
election, IEBC Chairman Wafula
Chebukati shall declare the results of
the election and deliver written
notification of the results to the Chief
Justice and the incumbent president.
“The four commissioners intentionally
deciding to run away from their duty add
no value to the results being announced
by IEBC Chairman according to the law.
so long as the votes were counted and
verified at all polling stations in the
Country” Githu reminded the court .
IEBC strongly stressed in their response
that the Petitioner Raila Amollo Odinga
failed to present affidavit before
court contradicting the results that
were counted at the polling stations
Countrywide.
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