The Azimio la Umoja One Kenya Coalition leader Raila Odinga and his deputy Martha Karua now want the Independent Electoral and Boundaries Commission (IEBC) to be disbanded by the Supreme Court.
They cited the commission’s incapability of residing over and rendering a proper, credible, verifiable presidential election as the reason for their prayer.
They have stated in their submissions that their complaint about August 9, 2022, presidential election was about an attempt to subvert the sovereign will of the people of Kenya and to overthrow the constitutional order besides the anomalies and irregularities.
Raila and Martha also want the court to order the purchase of new equipment for a repeat election if it does not order a recount of the tallied votes in the recent presidential election.
Read More
Through their lawyer Paul Mwangi, the two leaders argued that the technology used during the election for purposes of verification of the results was compromised by third parties and was used to facilitate the manipulation of the presidential election results.
Mwangi said Raila’s votes were systematically re-calibrated to benefit his opponent William Ruto who was declared the winner.
Apart from that, he also claimed IEBC’s system was interfered with and the KIEMS system failed the test of security and transparency as it failed to deliver verifiable and accurate results.
"The Kenya Integrated Election Management System (KIEMS) system deployed by Smartmatic International B.V for purposes of the 2022 general elections failed the test of security and transparency. It was incapable of delivering a verifiable and accurate results in strict compliance with the constitution and the election act and the electoral jurisprudence developed by the court," Mwangi said.
The lawyer is ready to produce four witnesses to testify on the systematic corruption and compromise of the KIEMS kits. The witnesses include Karua, Bernard Adongo, Benson Wesonga and whistleblower John Githongo.
According to Azimio, the evidence points to the electoral corruption was committed by third parties and senior IEBC staff working in cahoots with the commission’s chairperson Wafula Chebukati to manipulate the election results to favour Ruto.
"The evidence shows that acts complained of were committed by third parties and senior employees of the IEBC acting in connivance with Mr Chebukati in order to achieve a pre-determined outcome in favour of Ruto," read the court document.
Still, on the system and technology, Raila and Karua claimed they have evidence that some KIEMS kits could transmit multiple forms from other polling stations when each kit is supposed to send only one Form 34A unique to the kit and mapped by a QR code.
This, according to Azimio, was evidenced by two such KIEMS kits that allegedly transmitted two different forms that were altered.
The Azimio leaders also said the slight margin by which the election was called is critical to the dispute currently in the Supreme Court against which Ruto was declared to have achieved the Constitutional threshold.
"The election results was declared on the basis of 0.49 per cent of the total valid votes cast, which is equivalent to approximately 69,000 votes. That slim margin is the context against which Ruto was declared to have met the constitutional threshold," they said.
Mwangi also wants the Supreme Court to declare that Ruto was not validly elected and also to declare Raila Odinga as the president-elect and Karua the deputy-president elect after the scrutiny of the votes and results.
Alternatively, Azimio wants the court to invalidate the whole election and order a fresh one should the court determine that the non-compliance with the constitution and law, the illegalities and irregularities affected the presidential election entirely.
-1679766659.jpg)
