Raila Odinga, a presidential candidate in the just concluded General Election has formally filed a petition at the Supreme Court challenging the presidential results that declared his main rival William Ruto president-elect.
The Azimio la Umoja-Ona Kenya coalition party claimed it had enough evidence in the petition to prove misconduct by the Independent Electoral and Boundaries Commission (IEBC).
The coalition filed an online petition before presenting tons of hard evidence stashed in a lorry at the Supreme Court registry.
Raila’s legal team led by Siaya Governor-elect James Orengo termed the 72-page petition a bombshell.
In the petition, Raila’s legal team listed at least 23 reasons why they want the Supreme Court to annul the declaration of William Ruto as the fifth President-elect.
Results announced by IEBC chairman Wafula Chebukati showed that William Ruto won with 50.49 percent of the votes against Odinga’s 48.85 percent.
But in his petition seeking to nullify the August 9 presidential election, Raila said none of the four presidential candidates achieved the 50 percent plus one vote threshold needed to win the presidency in Kenya.
According to Raila, Ruto failed to achieve the threshold by 441 votes.
In the 39 boxes petition, Raila further alleged that there were discrepancies in the number of votes announced by Chebukti in at least 27 constituencies in William Ruto’s strongholds.
“Chebukati proceeds to unilaterally declare the final results of the presidential election without tallying and verification by the IEBC of the results from 27 constituencies and whose outcome has an effect on the final results and outcome of the presidential election,” Raila said in papers filed at the Supreme Court.
He also said there was manipulation of Forms 34 A that saw the posting of fake forms on the IEBC portal.
The Azimio also said the IEBC failed to account for spoilt votes.
He also argued that Chebukati ran the IEBC affairs without involving his colleagues, something that saw four commissioners disown the presidential results.
As such, Raila wants an order for inspection of the IEBC servers.
Raila, who has challanged election results at the Supreme Court twice before, also wants spoilt votes used in calculating whether any of the four candidates crossed the 50 percent plus one vote threshold.
Also, Raila and Karua want the seven judges of the Supreme Court to order a forensic audit of the machines used in the elections as well as the electoral commission’s website and portal.
Apart from seeking orders to invalidate William Ruto as president-elect, the ODM leader further asked the Supreme Court to re-tally presidential votes.
Raila, who was giving his fifth and presumed the last attempt at the presidency, further wants the Apex Court to compel IEBC to organize a fresh election in strict conformity with the Constitution and the Electoral Act.
However, the new election should not be presided over by Wafula Chebukati.
Azimio is further seeking an order to summon DCI boss George Kinoti to produce all election material found in the possession of three Venezuelan citizens who were last month arrested at the JKIA.
They also want Kinoti summoned to produce a laptop belonging to Geoffrey Kipngosos, an agent of the UDA party.
