• While using the analogy, the lawyer apportioned the contested polls the name 'Baby Victory' whose DNA he said is captured in Form 34A.
• "The DNA is also captured in Forms 34B... don't divide the baby," Kilukumi emphasized.
Image: JUDICIARY
Lawyer Kioko Kilukumi has asked the Supreme Court to apply King Solomon's wisdom in reaching a verdict on the presidential petitions before it.
While appearing for President-elect William Ruto whose win the Azimio la Umoja presidential candidate Raila Odinga is seeking to overturn, Kilukumi asked the court to "give the baby to the biological mother".
"I wish to ask the court humbly to reflect on the ruling of King Solomon. Just like King Solomon before you, you have two gentlemen here each one claiming a baby. The baby they are claiming is the outcome of the 2022 general election," Kilukumi said.
Among the prayers sought by Raila in his petition is that the court nullifies the election, orders a recount and declares him the winner of the August polls.
But the senior counsel said that just like in the case before King Solomon, Raila is asking the court to give him the baby (victory of the August 9 elections).
"Then he goes on to tell you if you cannot give me the baby, slice it into two," Kilukumi said.
While using the analogy, the lawyer apportioned the contested polls the name 'Baby Victory' whose DNA he said is captured in Form 34A.
"The DNA is also captured in Forms 34B... don't divide the baby," Kilukumi emphasized.
"Give it to the true mother of this child because no mother would want her baby chopped into two," he averred.
"And so by the petitioner coming to tell you here if you don't give me the baby, slice it into two you already know whose baby the victory of 2022 presidential election is," Kilukumi added.
"I ask the court to give the baby to the legitimate and lawful father who is honourable William Samoei Ruto."
However, during the closing remarks of submissions at the end of hearings, Justice Smokin Wanjala threw a challenge at Kilukumi.
He told him that in the King Solomon judgment, the real mother of the baby told the King not to slice the infant but to instead give it to the mother who wanted it sliced so as to preserve the baby's life.
"Would you maybe advice?" Justice Wanjala asked amid a rousing applause from the court.
"I rest my case," he said with a wide grin on his face.