The 9 Petitions Filed On The Supreme Court Table

By Lynnet Okumu / Published August 25, 2022 | 3:56 pm




KEY POINTS

The 9 petitions were filed by Azimio La Umoja – One Kenya presidential candidate Raila Odinga and his running mate Martha Karua, activists Okiya Omtatah, Khelef Khalifa, David Kairuki Ngari, Moses Kuria, John Njoroge Kamau, Reuben Kigame, John Githongo and lobby group Youth Advocacy Africa.


difference between bond and bail

Seven judges have until September 5 to render a decision after nine petitions were filed at the Supreme Court on Monday contesting the victory of president-elect William Ruto in the recently concluded elections.

The 9 petitions were filed by Azimio La Umoja – One Kenya presidential candidate Raila Odinga and his running mate Martha Karua, activists Okiya Omtatah, Khelef Khalifa, David Kairuki Ngari, Moses Kuria, John Njoroge Kamau, Reuben Kigame, John Githongo and lobby group Youth Advocacy Africa.

  1. Petition By Raila Odinga and Martha Karua

Azimio La Umoja candidate Raila Odinga and his running mate, Martha Karua, filed a petition challenging the outcome of the presidential election at the Supreme Court of Kenya on Monday, claiming the election was manipulated to favor President-elect William Ruto.

According to them, the August 9 General Election was conducted in a manner that was in disregarded the constitution, rule of law and national values, principles of good governance, and the lawful authority of the Court.

They claim, among other things, that the president-elect William Ruto did not garner 50 percent plus one vote required for a candidate to be declared the winner and that the electoral commission chairperson Wafula Chebukati announced the outcome without tallying and verifying results from 27 constituencies, which would have affected the final tally.

On Monday 22nd August 2022, the Azimio la Umoja brigade delivered a truck full of evidence to show the malpractices, disregard of the constitution, and other irregularities they claim marred the presidential election.

Raila Odinga and Martha Karua want the Supreme Court to nullify the election results announced by Chebukati and that IEBC should be directed to tally and verify the results and declare Raila and Karua as the President and Deputy President-elect.

  1. Petition by Okiya Omtatah

Busia Senator and activist Okiya Omtatah has lodged a petition challenging the validity of the presidential results of the August 9 General Election.

In his petition which was presented to the Supreme Court on Monday 22nd August 2022, Omtatah wants the presidential elections quashed as well as the declaration of the president-elect and the deputy president-elect arguing that none of the candidates who contested for the top seat attained 50 percent plus one threshold as required by the constitution.

  1. Petition by Khelef Khalifa

Also, an activist, Khelef Khalifa petition argues that IEBC failed to secure its system making it vulnerable to infiltration and manipulation which had the potential of altering the general election results.

According to the submissions which contained sections of the KMPG report, he noted the findings of 481, 711 duplicated registrations stating that by the close of the audit in June 30 percent translating to 144,677 had not been deactivated.

The petitioner notes that 487,711 duplicated persons were enough to narrow the margin between the top two and alter the numbers negating the 50 percent plus one threshold.

  1. Petition by John Githongo

Mr. Githongo alleges that rogue techies were granted access to the Independent Electoral and Boundaries Commission (IEBC) systems and manipulated form 34As coming from polling stations. His sworn testimony claims that this was done to favor President-elect William Ruto.

Mr. Githongo claims he got hold of a hacker allegedly hired by Mr. Dennis Itumbi, Ruto’s close aide, and the techie allegedly confessed to intercepting uploaded form 34As and doctoring the figures in favor of Ruto before re-uploading them to the IEBC public portal.

The whistle-blower confessed to being part of a team of 56 people, Mr. Githongo alleges.

  1. Petition by Rueben Kigame

After being locked out of the presidential contest on August 9, gospel musician and politician Reuben Kigame presented a petition seeking to have the election outcome nullified.

In his petition, the aspirant argues that IEBC deprived him and other independent candidates in the country of their civil and political rights.

Kigame accused IEBC, the first respondent in the petition, of declining to clear independent candidates despite a High Court ruling that ordered the inclusion of Kigame on the ballot.

In his prayers, the petitioner has requested the seven-judge bench to execute its mandate to observe, promote, protect, and fulfill the fundamental rights as entrenched in the Bill of Rights.

  1. Petition by John Njoroge Kamau

John Njoroge, who is a voter, has filed a presidential petition at the Supreme Court to challenge the election of Deputy President William Ruto as Kenya’s fifth President.

According to Kamau, IEBC deliberately set out to bungle the presidential election from the time it issued the tender for printing ballot papers which resulted in a mix-up of voting materials in certain areas.

In his petition, Kamau is seeking an order directing the IEBC to organize and conduct a fresh presidential election.

He is also seeking a declaration that Chebukati committed election irregularities and should be investigated for possible criminal culpability.

He claims Ruto and Gachagua were not validly declared as President and Deputy President.

  1. Petition by Youth Advocacy Africa

Youth Advocacy Africa through Peter Kirika raised the issue of the voter register, electronic identification of voters, integrity of the technology employed by IEBC in the conduct of the elections, and the procedure used in tallying the presidential election as some of the issues that affected the results.

The other petition was filed by Juliah Nyokabi, Joseph Mutua, and Simon Njenga through lawyer Kibe Mungai who argued that the failure by IEBC to provide arrangements for a special category of citizens to vote compromised the integrity of the electoral process.

Mungai claimed that millions of voters could not participate in the election due to the poor system put in place by the commission which made them take advantage to announce results that do not reflect the will of the people.

  1. Petition by David Kariuki Ngari

David Kariuki filed a petition against IEBC, its chairperson Wafula Chebukati and five others.

According to David, the process of tallying, verifying, and declaration of presidential election results at the National Tallying Center, Bomas of Kenya, was a corporate function vested in the commission and not in the chairperson of IEBC as an individual.

He claims that the chairperson violated sections 39,44 and 44A of the Elections Act, which is a serious affront to the constitutional guardrails.

Among other things, the petitioner, therefore, seeks the court to pronounce the elections conducted on the 9th of August 2022, invalid.

  1. Petition By Moses Kuria

Chama Cha Kazi (CCK) party leader Moses Kuria and former Mbeere South MP Geoffrey King’ang’i have filed a petition at the Supreme Court seeking dismissal of Azimio leader Raila Odinga’s suit on the election of William Ruto as president.

In the petition, Kuria and King’ang’i want the Supreme Court led by Chief Justice Martha Koome to dismiss the case filed by the Azimio presidential candidate and his running mate Martha Karua over the violence that occurred at Bomas of Kenya during the tallying of votes.

The duo insists that the Apex Court should not entertain the Azimio petition against Ruto and the Independent Electoral and Boundaries Commission (IEBC).

The petitions are likely to be consolidated into one petition during the pre-trial conference.

Upon being served, the respondents will have four days to file and serve the petitioners with their responses to issues raised. This will be on Saturday, August 27, 2022.

Thereafter, the petitioners will file and serve their rejoinder to the responses filed by the respondents on August 28.

A day later August 29, parties will be given time to file interlocutory applications. On Tuesday, August 30, parties will have time to file and serve responses to interlocutory applications.

The following day on August 31, individuals interested in being enjoined in the petitions as friends of the court, otherwise known as amicus curiae in legal jargon, will file their applications and serve the parties.

On Thursday, September 1, the Supreme Court will hold the pre-trial conference. After the pre-trial conference, the court will begin hearing the petition the following day September 2 and deliver its verdict on September 5, 2022, fourteen days after the petition was filed.






More Articles From This Author








Trending Stories










Other Related Articles










SOKO DIRECTORY & FINANCIAL GUIDE



ARCHIVES

2022
  • January 2022 (293)
  • February 2022 (329)
  • March 2022 (360)
  • April 2022 (294)
  • May 2022 (271)
  • June 2022 (232)
  • July 2022 (278)
  • August 2022 (253)
  • September 2022 (246)
  • October 2022 (196)
  • November 2022 (230)
  • December 2022 (60)
  • 2021
  • January 2021 (182)
  • February 2021 (227)
  • March 2021 (325)
  • April 2021 (259)
  • May 2021 (285)
  • June 2021 (273)
  • July 2021 (277)
  • August 2021 (232)
  • September 2021 (271)
  • October 2021 (305)
  • November 2021 (364)
  • December 2021 (249)
  • 2020
  • January 2020 (272)
  • February 2020 (310)
  • March 2020 (390)
  • April 2020 (321)
  • May 2020 (335)
  • June 2020 (327)
  • July 2020 (333)
  • August 2020 (276)
  • September 2020 (214)
  • October 2020 (233)
  • November 2020 (242)
  • December 2020 (187)
  • 2019
  • January 2019 (251)
  • February 2019 (215)
  • March 2019 (283)
  • April 2019 (254)
  • May 2019 (269)
  • June 2019 (249)
  • July 2019 (335)
  • August 2019 (293)
  • September 2019 (306)
  • October 2019 (313)
  • November 2019 (362)
  • December 2019 (318)
  • 2018
  • January 2018 (291)
  • February 2018 (213)
  • March 2018 (275)
  • April 2018 (223)
  • May 2018 (235)
  • June 2018 (176)
  • July 2018 (256)
  • August 2018 (247)
  • September 2018 (255)
  • October 2018 (282)
  • November 2018 (282)
  • December 2018 (184)
  • 2017
  • January 2017 (183)
  • February 2017 (194)
  • March 2017 (207)
  • April 2017 (104)
  • May 2017 (169)
  • June 2017 (205)
  • July 2017 (189)
  • August 2017 (195)
  • September 2017 (186)
  • October 2017 (235)
  • November 2017 (253)
  • December 2017 (266)
  • 2016
  • January 2016 (164)
  • February 2016 (165)
  • March 2016 (189)
  • April 2016 (143)
  • May 2016 (245)
  • June 2016 (182)
  • July 2016 (271)
  • August 2016 (247)
  • September 2016 (233)
  • October 2016 (191)
  • November 2016 (243)
  • December 2016 (153)
  • 2015
  • January 2015 (1)
  • February 2015 (4)
  • March 2015 (164)
  • April 2015 (107)
  • May 2015 (116)
  • June 2015 (119)
  • July 2015 (145)
  • August 2015 (157)
  • September 2015 (186)
  • October 2015 (169)
  • November 2015 (173)
  • December 2015 (205)
  • 2014
  • March 2014 (2)
  • 2013
  • March 2013 (10)
  • June 2013 (1)
  • 2012
  • March 2012 (7)
  • April 2012 (15)
  • May 2012 (1)
  • July 2012 (1)
  • August 2012 (4)
  • October 2012 (2)
  • November 2012 (2)
  • December 2012 (1)
  • 2011
    2010
    2009
    2008
    2007
    2006
    2005
    2004
    2003
    2002
    2001
    2000
    1999
    1998
    1997
    1996
    1995
    1994
    1993
    1992
    1991
    1990
    1989
    1988
    1987
    1986
    1985
    1984
    1983
    1982
    1981
    1980
    1979
    1978
    1977
    1976
    1975
    1974
    1973
    1972
    1971
    1970
    1969
    1968
    1967
    1966
    1965
    1964
    1963
    1962
    1961
    1960
    1959
    1958
    1957
    1956
    1955
    1954
    1953
    1952
    1951
    1950