Court Submissions, Presidential petition 2022 – Analysis

According to Apollo Mboya (advocate for Juliana Cherera of the Supreme Court), “Chebukati is an agent of someone who is himself Chebukati’s agent.

They were co-conspirators.” He said, “Sanctions prayed and effected against Chebukati should apply to both.”

It means, if the SCOK finds Chebukati unfit to hold public office, as petitioners have submitted, Ruto should as well be disqualified from holding public office.

Nullification of Presidential Election Results

He can’t be on the ballot in case of nullification of August 09, 2022 presidential election results. And a fresh election is ordered.

Justice Isaac Lenaola said, “The Chair of IEBC must be a person qualified to be a Judge of the Supreme Court.

If we nullify the presidential election results. And disqualify Chebukati from holding public office, will the Commission be properly constituted, to conduct a fresh election?”

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IEBC Acted with Impunity

“The IEBC so acted with impunity that we now have Deputy President-elect with integrity issues,” Adv. Kibe Mungai submitted.

Lady Chief Justice Martha Koome and Justice Ibrahim wondered. If the SCOK wouldn’t interfere with the magistrates court that handles Elections Offences;

If they barred Chebukati from holding public office as prayed by petitioners. Furthermore, IEBC Commissioners have security of office tenure.

Fresh Presidential Election

Their removal from office is provided for in the Constitution. How will a fresh presidential election be conducted before the process of Chebukati’s removal from office is completed?

Senator-elect, Okiya Omtata’s power point presentation in court. Showed three different figures of total voter turnout, generated from IEBC with over 508,000 ghost voters.

Computations proved that none of the presidential candidates achieved the threshold of 50%+1 vote. To be declared President-elect.

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Three sets of Form 34C

Over to Chebukati to counter with his maths and how IEBC generated three sets of F34C.
Another question was posed?

Why was Chebukati in a hurry to announce the results when he still had a day? He’s averred in the affidavit that Guliye couldn’t announce results;

From 27 constituencies due to chaos that ensued at Bomas. Why didn’t he announce them before declaring Ruto President-elect after calm was restored?

The Four Commissioners

Justice Smokin Wanjala wondered whether Chebukati was so much of a terror. That the four Commissioners couldn’t protest against;

Being deployed to perform duties outside their preview. It had struck the Judge that Chebukati redeployed the commissioners;

To perform managerial duties to prevent them from verifying. And tallying of presidential election results.

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Tallying and Verification of Results

It was submitted that only Commissioner Guliye was deployed. To team up with CEO/Secretary Marjan in the tallying and verification of results.

Lady Justice Njoki Ndung’u wondered if the postponement of gubernatorial elections in Mombasa and Kakamega;

Suppressed voter turn out for presidential election only. Could, say, MCAs complain that election turn-out was suppressed?

Scientific Evidence

Justice William Ouko had already wondered if there was scientific evidence of voter suppression. Or it was just subjective.

Lady Deputy Chief Justice Philomena Mwilu was apprehensive with some of the petitioners’ prayers.

If the recount showed that, indeed, the President-elect Ruto won. Or the 1st petitioner, Raila won the election, should they order IEBC to hand the certificate;

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Illegalities and Irregularities

To the winner even if SCOK agrees with the submissions that illegalities and irregularities of the electoral process significantly affected the presidential results?

The above were few highlights captured from submissions during Day 1 hearing of submissions from petitioners in the presidential petitions.

The petitioners were given homework to submit on Friday September 2, 2022 during their rejoinders. We’ve demonstrated maturity in democracy.