The veteran Kenyan opposition Stalwart and the 2022 Kenya presidential election first runner-up, Raila Amolo Odinga has heed to Article 140 of the constitution of Kenya and pitched a litigation camp to oust Kenya’s President elect William Samoei Arap Ruto citing election malpractice.
Odinga and his running mate and now co-petitioner Martha Karua are seeking 23 reliefs, including an order for inspection of the Independent Electoral and Boundaries Commission (IEBC) servers, summoning the Director of Criminal Investigations George Kinoti to produce statements, photographs and all gadgets found in possession of the Venezuela nationals arrested at Jomo Kenyatta international Airport, court order for for a thorough forensic audit of the Kenya Integrated Elections Management System (Kiems) kits and the returns of the presidential election, including Forms 34A, 34B and 34C among others.
Under the Election Regulations, Form 34A is the first form used to tabulate results of the presidential election. It contains details of the votes polled by each candidate and then details the total number of registered voters in that station, the rejected votes, the objected ones, the disputed and the valid ones. The candidate or their agents are then required to sign and ratify that the contents of that form are correct.
Speaking during a press briefing, Odinga said that he has sufficient evidence to overturn the August 9 election.
“The petition is about the forces of democracy who are pushing for good governance against cartels of corruption, who can stop at nothing to ensure that they take the leadership of the country by all means,” he said.
“The 2022 election marks the most daring move by the cartels to overturn the wishes of the electorate,” added Odinga.
The Chairperson of the Independent Electoral and Boundaries Commission of Kenya, Wafula Chebukati on 15th August declared William Ruto as Kenya’s president-elect with over 7.1 million votes, while Odinga trailed in with 6.9 million in a highly contested presidential race.
On the same day, the vice chair of the commission Juliana Cherera addressed a presser disputing the election results citing incidences that contravene Article, 81(e) ,(iv)and(v) of the constitution of Kenya.
It is on such basis that many came out to contest the election results.
By 2pm on the election petition deadline day, five other lawsuits had been filed seeking to overturn the presidential elections.
Supreme Court received petitions from human rights activist Khelef Khalifa, the director at Muslims for Human Rights (Muhuri), and Anthony Manyara, the East African Students Union president, who cited widespread irregularities.
Others are Reuben Kigame, who was disqualified from contesting the 2022 presidential contest, activist and Busia-senator elect Okiya Omtatah and a voter John Njoroge Njoroge.
According to Article 140, (1), (2),(3) of the constitution of Kenya, A person may file a petition in the Supreme Court to challenge the election of the President-elect within seven days after the date of the declaration of the results of the presidential election.
Within fourteen days after the filing of a petition under clause (1), the Supreme Court shall hear and determine the petition and its decision shall be final.
If the Supreme Court determines the election of the President- elect to be invalid, a fresh election shall be held within sixty days after the determination.
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