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Patrick Loch Otieno (PLO) Lumumba on Monday night concluded the defence of the Independent Electoral and Boundaries (IEBC) with a flourish, charged and on a high note, earning the recognition of Chief Justice David Maraga.
The Chief Justice told the well-known orator, “Mr Lumumba, you were clear,” to which Prof Lumumba responded, “May the Lord bless you.”
Prof Lumumba left his colleagues in the bar alert and the gallery alive as he poked holes on the case laid out by the legal team representing Raila Odinga in the case seeking to nillify President Uhuru Kenyatta’s victory on August 8th elections.
Known well for his oration skill and the use of "big" English words, his submission was not short of what he is synonymous with.
“The pleadings before you suffer from lack of focus and particularity.” PLO started in his submission.
The former anti-corruption watchdog director characterised the affidavits sworn by Raila Odinga and his team as full of hearsay and the case was premised on stilts “that must collapse under the weight of evidence.”
Prof Lumumba also rubbished the formula tabled to the court by Raila's lawyer Otiende Amollo as Pythagoras Theorem and said no election is decided on the basis of such a formula.
He further attempted to deconstruct the assertions detailed by Nasa in an affidavit by one of their experts highlighting instances where Odinga’s votes were reduced or President Kenyatta’s added.
From the affidavit, he argued that, only 15,000 of over 15 million votes cast in the election were contested.
“No court in the world has ever voided an election based on the minimalist approach. These are petty grievances,” said Prof Lumumba.
“The rule is that he who alleges must prove. What the petitioners have made is allegations…but have failed to prove,” he added.
“Kenyans gave birth to a baby. IEBC's role is midwifery. The baby is alive and well. You are being asked to strangle the baby. Decline the invitation,” he said.
"What you have before you is a petition replete with allegations, a petition that is dead on arrival,".
Odinga’s video on interviews with Chris Msando, the IT manager at the IEBC who was killed days to the elections, “offends all the rules”, he said.
“Kenyans turned out in large number on the 8th of August and expressed their will. This court should be very cautious to overturn that will unless it is demonstrated that will was subverted,” he added.
“The totality of our submissions are that we have demonstrated that this petition is destitute of merit. Because it is destitute of merit, it should only suffer one fate – rejection,” he concluded.
Comments
De minimus non curat praetor. Like it or not, trivialities of this case are of no consequence in law.
Speak for yourself Nani! Professor Lumumba is one of a kind. His speeches leaves me covered in goose bumps. He reminds me of Kenyatta (founding father), Martin Luther to mention but a few. He is truly gifted, learned and a humble man. Rare combination indeed. Personally, I love him dearly and would hope to meet him someday. He is undoubtedly, my idol!
I don't doubt his ability to speak and give flowery speeches but I am a bit at a loss with his contributions beyond being an egghead. His failure at the anti corruption commission is an example. I would rather spent time listening to a successful entrepreneur than PLO's mastery of the queen's English
Plo is true jathe known world wide on governance issues in Africa.
Kudos for your eloquent presentation and puting high bar and inspiring others.
I am admire his wealth of knowledge and his think tank ideologies. He deserves noble prize. His speeches are award winning and I have learnt a lot. Brother Lumumba, Africa needs more talented intellectuals and think Tanks like you. I admire and I pray one day to meet with you. You are my hero and idol. How I wish we could have a ticket Lumumba and Miguna miguna, Kenya would be immunized against tribal non sense and we would have a hygienic nation.
Wealth of knowledge translates to leadership? Apart from hard sciences, many life changing inventions and leadership came from those who never completed college. I am becoming more convinced than ever that college education is overrated.
There you go again Lumumba! just keep it up.
Nani, I hear you. You do have a point. I had to ponder on your argument and it occurred to me that actually given his eloquent speeches, I always wondered why he never led or put his ideologies into practice, and I have to agree with you that perhaps knowledge does not equate to wisdom. He is a theorist not pragmatic,but nonetheless, love to listen to him. Point taken and I agree.
Sukari, no worries at all. We are a culture that loves titles and get quite impressed with eloquency...I am in Kenya quite often and get really tired of insistence on addressing professionals by their titles. I much rather spend time with an aunt that I am quite close to who never completed high school but has become quite a successful businesswoman....I will listen to her many times over PLO any time.
Nani wacha wivu ndugu.Hii ni kipeo,kaa mbali kama huna ndugu yangu.
Omera, I challenge you to go to the University Club in Nairobi where many U of Nairobi profs hang out. All you hear meaningless kizungu mingi. Kama wivu ipo, heri niwe na ya ambae amefaulu kibiashara. Wengine, ni domo tu!
Why the fascination with "big" words? I dread ever inviting many African scholars to speak where I work because they inevitably spend valuable time using unnecessary big words or talking about themselves. Sorry, but this has no bearing to the common mwananchi in Kenya.