In Summary
  • Nasa alleges that the IEBC flouted these principles and wants this used to nullify the results of the elections.
  • Nasa will have two days to serve the respondents, including the electoral commission and the Jubilee Party.

The National Super Alliance presidential candidate, Mr Raila Odinga, has asked the Supreme Court to nullify the presidential election held 10 days ago and order a fresh one.

In a petition filed late Friday night, just in time to beat the midnight deadline, Mr Odinga said the August 8 election was fatally compromised.

“It was so badly conducted and marred with such glaring irregularities that it does not matter who won, or who was declared the winner thereof,” Mr Odinga says in court papers filed jointly with his running mate, Mr Kalonzo Musyoka of Wiper.

RESULTS

The petition relies on a series of sworn statements by research and information technology experts among others to allege a string of errors in the process.

The statements also question the numbers emerging from the presidential election.

They allege that there were numerous instances in which votes were deducted from their ticket and added to President Uhuru Kenyatta, who was declared winner of the State House race on Friday last week.

The chairman of the electoral commission, Mr Wafula Chebukati, said that President Kenyatta had garnered 8,203,290 votes (54.2 per cent) against Mr Odinga’s 6,762,224 votes.

OFFENCES
An affidavit by Dr Nyangasi Onduwo, who works as an economic advisor for Mombasa Governor Hassan Joho, alleges that he examined over 25,000 vote declaration forms and detected errors in 14,000 of them.

The errors ranged from unsigned documents, or the name of one presiding officer being shown as the official in charge of elections in multiple stations at the same time.

He also says that he found 443 instances of ungazetted polling stations, election results forms that had been filled out in the same handwriting, and forms that have a polling station, names and details of agents as well as their signatures but were blank in spaces meant to show results.

The court will have 14 days to test the veracity of these allegations.

PROCEDURE
Other documents allege that the votes cast in the presidential election (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.

The law and the decisions of the courts before the election required a number of things done, including voting, electronic transmission of results, by image and text to tallying centre, and the display of results in a public portal that is accountable, verifiable and accurate.

These are the standards that determine whether or not results meet the constitutional threshold.

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