Article 140 (1) of the Constitution allows any Kenyan dissatisfied with the outcome of the presidential election to do so.
I have read the documents filed in the Supreme Court by Azimio presidential candidate Raila Odinga and his running mate, Martha Karua, as well as the other supporting petitioners and it seems they have a strong and watertight case.
This will, however, depend on how they present their case before the seven-judge bench. The burden of proof of the alleged ‘massive rigging’ in favour of the President-elect William Ruto lies with them.
Noting that the apex court will be guided by the rule of law and the Constitution, the judges’ final determination will be anchored in truth, justice and furtherance of the cause of democracy.
Kenya Kwanza Alliance, which is led by the President-elect, is not taking the petition lying down. The alliance has so far filed two cases.
Former Gatundu South MP Moses Kuria, a key Ruto ally of, wants the Supreme Court to throw out Raila’s case on technical grounds. Kuria cites the chaos witnessed at the Bomas of Kenya National Tallying Centre, when IEBC chairman Wafula Chebukati emerged to announce the election results and declare the President-elect.
He wants the court to believe the chaos had been organised by Raila. In my opinion, this would amount to peddling hearsay and propaganda. Raila was not at Bomas at the time and had not been there the whole day. Again, those who watched the live coverage of the incident would agree that players on both sides were involved.
MP Silvanus Osoro has also rushed to the High Court under certificate of urgency. He wants a clause in Election Act that gives the Supreme Court power to declare the winner after the recount of votes be declared null and void.
The IEBC is divided, with two commissioners backing chairman Chebukati, while four of them walked out in protest only to appear at Serena Hotel for a presser to dissociate themselves from the presidential results.
They cited “opaque nature’ of the final phase of the tallying and stated,” We had been kept in total darkness in the tail end of this exercise. Mr Chebukati had compiled the final tally alone. So, the result he has read are his own, not the IEBC”.
Will the four dissenting commissioners spill more beans? If they manage to give convincing responses, then this would be a big blow to the President-elect.
I have been reading the social media posts branding them as close allies of top luminaries in Azimio.
However, the question that comes to mind is, why did those casting them as incompetent people, who could not be entrusted to manage a credible election, fail to expose them when they were recruited?
Why wait until when they refuse to sing your song?
The same can be said of Chebukati. He unsuccessfully sought the ODM ticket to vie for Sabaot MP seat in 2007 and worked closely with Raila and Ruto.
Well, this is the nature of Kenyan politics: You are my friend when you are on my side.
I digress.
Back to the anticipated protracted legal battle at the Supreme Court, I’m happy to note that this time Kenyans heeded the call to be peaceful and remain patient as they wait for the court judgment.
I would expect the same spirit to prevail even after the judgment the ruling, which is to be delivered on September 5. Kenya is more important than an individual, and all of us will be the winners because Kenya belongs to all of us.
Past experiences show chaos erupt when top politicians dissatisfied with the outcome resort to inciting their supporters against those on the other side of political divide. This should not happen again. Kenyans should shun leaders harboring such evil and retrogressive mind.
Joseph Mutua Ndonga is a political analyst and blogger based in Nairobi
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