Appointing IEBC vice chairperson Juliana Cherera to preside over a repeat presidential election will be disastrous, President-elect William Ruto's lawyer Fred Ngatia has said.
In his submission to the Supreme Court on Thursday, Ngatia accused the petitioner, Raila Odinga, of not wanting to concede defeat.
He said the proposal to have Cherera preside over a repeat election, if courts allow the prayer, is not the solution.
“The petitioner does not want to accept defeat and offers the solution that there be an election presided over by Cherera,” he said.
“This will cause a crisis of monumental nature. A crisis that you will not be able to put off the fire. This is because the crisis will be fire upon the fire.”
Ngatia said dismissing the IEBC would also create a crisis for President Uhuru Kenyatta.
“We now have the incumbent in office and has limitations that are cast in stone by the constitution. The incumbent in the office cannot even appoint anyone to take over from the IEBC before you,” he said.
He trashed the petitioner's case that there were some forms that were changed and replaced.
“If it was true that the forms 34 A were changed in mid-air. That Is the work of fiction,” he said.
“ Amongst the many things the court is being asked to do, I want to urge the court to moderate the excesses in the political contestants.”
He said these excesses among them is that the Court can declare the winner.
