President Uhuru Kenyatta, through his lawyers has watered down the petition by Raila Odinga, arguing it is lacks substantive grounds and should be dismissed for lack of evidence.
In his submission, President Uhuru's lawyer Ahmednasir Abdullahi described Raila's case as one that pleads no cause of action, likening it to a science fiction that can only excite movie directors at Hollywood.
He further termed the petitioner's request for nullification of the August 8th election as hollow as he failed to provided sufficient grounds that could warrant an annulment.
“Even if the lowest standard of proof is applied, this petition will be dismissed,” Abdullahi said when he started Mr Kenyatta’s response to the petitioner’s submissions.
“Even if the electoral commission, Mr Wafula Chebukati and Mr Kenyatta’s evidences were expunged from the record, this petition will still be dismissed.”
Ahmednasir argued that the best evidence by Raila had been tabled by his lead lawyer James Orengo, but then, was not good enough to warrant the nullification of the presidential vote.
“Orengo’s presentation was probably the best piece of evidence from the petitioner. But it was not good enough because it was hearsay…it was not grounded in law but the grievances of losing an election.”
“The essence of the vote is about who voted because numbers matter. The most important thing is to show that the winner had the numbers,” he said.
He told that it did not matter whether there were challenges with the transmission of results or such other things as stamping of the ballots, but whether the people of Kenya were allowed to make their choice.
“The approach is not whether IEBC made mistakes. The approach is that the Kenyan people made their choice and this can only be invalidated if the court establishes that there was a fault on the part of the voter,” he said.
“The court can only nullify this election if establishes that people who were not entitled to vote indeed voted,” he said.