PRESIDENTIAL PETITION

List of orders Azimio wants Supreme Court to issue in its petition

They include nullification of presidential polls and Chebukati declared unfit for public office.

In Summary

• The coalition has also sought orders for the Supreme Court to order the IEBC to tally and verify the votes upon nullification of the results and for Raila Odinga and Martha Karua to be declared legitimate winners of the election.

• They also want rejected and spoilt votes to be included in the total votes cast and be part of the final presidential election tally. 

Lawyer Dan Mwanzo, Siaya governor elect James Orengo, Azimio presidential candidate Raila Odinga and his running mate Martha Karua, wiper party leader Stephen Kalonzo, fomer Gatanga MP Peter Kenneth, agriculture CS Peter Munya and Homabay governor elect Gladis Wanga during filling of Presidential petition seeking to challenge the election of William Ruto as the President elect on August 22nd 2022
Lawyer Dan Mwanzo, Siaya governor elect James Orengo, Azimio presidential candidate Raila Odinga and his running mate Martha Karua, wiper party leader Stephen Kalonzo, fomer Gatanga MP Peter Kenneth, agriculture CS Peter Munya and Homabay governor elect Gladis Wanga during filling of Presidential petition seeking to challenge the election of William Ruto as the President elect on August 22nd 2022
Image: DOUGLAS OKIDDY

The Azimio la Umoja One Kenya Coalition has sought several orders from the Supreme Court in its presidential petition filed on Monday.

Among the orders sought to include the nullification of the August 9 presidential election and for fresh elections to be held by the IEBC.

The coalition has also sought orders for the Supreme Court to direct the IEBC to tally and verify the votes upon nullification of the results and for Raila Odinga and Martha Karua to be declared legitimate winners of the election.

Other orders sought are as follows:

1. Wafula Chebukati be declared unfit to hold public office.

2. Chebukati be found to have brought dishonour to the country and his office. 

3. Scrutiny and forensic audit of all equipment and system and technology used by the IEBC in conducting the presidential election including KIEMS kits, servers and portal.

4. Scrutiny and forensic audit of all returns of the presidential election including but not limited to Forms 34A, 34B and 34C.

5. A scrutiny be conducted on all rejected and spoilt votes.

6. Rejected and spoilt votes to be included in the total votes cast and be part of the final presidential election tally. 

7. An order be issued directing DCI to produce a laptop seized from the UDA agent and a report of the forensic analysis of the laptop submitted. 

8. DCI to produce statements, photographs, reports, equipment, laptops, phones and other gadgets retrieved from Venezuelan nationals.

9. Grant access to logs of all servers used by IEBC in the presidential election.

10. Produce all election material including electronic documents, devices and equipment for the presidential election within 48 hours.

11. Declare IEBC as presently constituted incapable of conducting the proper, credible and verifiable presidential election.

12. Declare the non-compliance of law in the presidential election as substantial and significant and affected the outcome of results. 

13. Strike off the IEBC records results of the presidential election and verified results from the re-tally be declared as the valid results. 

14. In the alternative to the above, the presidential results of the August 9 polls be declared invalid, null and void.

15. President-elect William Ruto be declared as having not attained 50 per cent plus one of the total votes. 

16. Issue orders quashing the gazette notice that declared Ruto and Rigathi Gachagua as President-elect and Deputy President-elect respectively.

17.  That the decision taken by the dissenting IEBC commissioners in rejecting the presidential election results be declared as consistent with the Constitution.

18.  IEBC, Chebukati and DP Ruto to bear the costs of the petition.


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