Azimio la Umoja presidential candidate Raila Odinga has told the Supreme Court to overturn Dr. William Ruto’s presidential victory even if he beat him in numbers.
This is contained in a rebuttal that Raila filed at the Supreme Court on Monday. In the rebuttal, Raila said that the illegalities and irregularities allegedly occasioned by the Independent Electoral and Boundaries Commission run deep and cannot produce a credible outcome.
“If the election cannot meet the constitutional muster then the numbers do not matter as [it] is ultimately not free and fair…” he said.
Raila added that he has given the court enough evidence to throw out the election on a balance of probabilities and that the court should also hold the commission chairman Wafula Chebukati accountable.
Office of President’s Kihara: We weren’t sure presidential results would be out within 7 days
“The 2nd respondent [Chebukati] violated articles 10 (b) and (c) of the national values and principles of governance relating to inclusiveness, transparency and accountability by purporting to conduct the verification process of Forms 34B and Forms 34A unilaterally at the total exclusion of the other commissioners,” said Raila.
“…by preventing the majority of members of the commission from verifying the results in forms 34A and 34B in order to generate Form 34C….the results announced cast doubt into the validity of the election as this court observed in Raila 2017…”
Raila further told the court that the balance of probability that the alleged offence happened should be the basis of their decision, rather than on the basis of beyond any reasonable doubt.
“…the petitioners’ submission is that presidential petitions do not require a higher standard of proof than that required in civil matters. Indeed it is because fundamental constitutional rights are involved that the application of normal civil standards is necessary.”
“Accordingly, the courts cannot abrogate their constitutional mandates nor seek to circumvent it by requiring a higher standard of proof.”