The opposition National Super Alliance (NASA) supremo Raila Odinga and his running mate Kalonzo Musyoka has called on Supreme Court judges to annul the August 8th elections and order for a fresh one.
The two, who are the first and second petitioners respectively filed a 25,000-page petition at the Supreme Court registry on Friday night, arguing that the election was “fatally compromised” calling instead for a “legitimate elections” to be held in its place.
“IEBC set out to frustrate the people’s will and deliver a flawed election. The inescapable conclusion is that individual returns, even those appearing to be valid votes, had fundamental irregularities in law,” a statement from the two read.
“The entire process of tallying, recording, transmitting, verifying and confirmation of results was so fundamentally flawed that you cannot talk of any meaningful results,” they asserted.
Nasa named Independent Electoral and Boundaries Commission (IEBC) is named as the first respondents, Chairman Wafula Chebukati as the second, and Jubilee Party’s Uhuru Kenyatta as the third respondent.
“Some forms show one presiding officer’s name in charge of elections in multiple stations at the same time. There are 443 instances of un-gazetted polling stations, Forms 34A that are filled out in the same handwriting, blank forms, and others that have a polling station, names and details of agents as well as their signatures but are in spaces meant to show results,” a petition brief sanctioned by Odinga and Kalonzo reads.
“Votes cast for president (15,588,038) exceeded those for governors (15,098,646) and Members of the National Assembly (15,008,818) by 482,202 and 567,517 ballots respectively.”
“It has come to pass that by the time of making that declaration, the IEBC was yet to receive 11,883 polling stations results. The IEBC Chairman was yet to receive 17 constituency results, yet he did not qualify his announcement with the explanation that the difference was not sufficient to change the final outcome,” the two stated.
“The presidential election held on August 8, 2017 was so badly conducted and marred with such glaring irregularities that it does not matter who won, or who was declared the winner thereof,” NASA argues.
The alliance also faulted the results transmission system used by the IEBC saying it excluded some 11,000 polling stations out of the total 40,883.
“It was not simple, accurate, verifiable, secure, accountable, transparent, open or prompt,” NASA lamented in its statement.