Supreme Court judges have retreated for two days to write their judgment on the 2017 Presidential Election petition after the counsels for the petitioners and respondents concluded their oral submissions Tuesday evening.
The seven judge bench led by Chief Justice David Maraga is perusing through submissions by NASA and the respondents before delivering their final verdict on Friday.
The Petition was filed by NASA flag bearer in the 2017 General Election Raila Odinga and his running mate Kalonzo Musyoka.
The two and other NASA leaders followed the proceedings in the courtroom for the two days. The petitioner’s lead counsel is Senator elect James Orengo while IEBC lawyers are led by senior counsel Paul Muite and President Uhuru Kenyatta’s team is led by Fred Ngatia.
All eyes are now on the seven Judge bench comprising Chief Justice David Maraga, Deputy Chief Justice Philomena Mwilu and judges Isaac Lenaola, Njoki Ndung’u, Smokin Wanjala, Jackton Boma Ojuang and Mohammed Ibrahim who was taken ill on Tuesday.
In their submissions, NASA’s lead counsel James Orengo said that Ballot papers used in the August 8th presidential election were not the ones printed by the Dubai firm contracted by IEBC adding that their evaluation of the ballots showed that most of them fell short of statutory security requirements.
Orengo further claimed that most of the documents submitted to court by IEBC as instruments used to declare the presidential results fell short of legal requirements.
In his submission Co-counsel Otiende Amolo told the court that an analysis they carried out revealed 32 fundamental breaches which he said were serious enough to invalidate the re-election of President Kenyatta.
He also questioned the integrity of the election on the premise that President Kenyatta led, maintained a constant eleven percentage something that was impossible when results are sent randomly.
To further concretize their argument, senior counsel Okong’o Omogeni who is also representing the duo introduced the aspect of three Cabinet secretaries he accused of acting contrary to the law by being partisan during the campaign period.
Despite challenges experienced during the scrutiny of election forms and access to the IEBC election server, the Judiciary registrar and the parties in the Presidential petition presented a report to the Supreme Court as ordered.
On their part, President Uhuru Kenyatta’s lawyers called for the dismissal of Raila Odinga’s petition for lack of merit. Through his legal team, President Kenyatta said Raila was trying to invalidate an election that was valid.
The President’s legal team led by Fred Ngatia poked holes into Raila’s petition arguing that it raises no substantive grounds and that it should be thrown out for lack of evidence.
Lawyer Ahmednasir Abdullahi said the request by NASA presidential candidate Raila to overturn the outcome of the August 8 election was hollow, as he had not provided sufficient grounds that would warrant invalidation of the poll outcome.