Former Attorney General Githu Muigai, who is lead counsel for the IEBC, its chairman Wafula Chebukati, and commissioners Abdi Guliye and Boya Molu, has accused the petitioners of disregarding numbers and instead indulging in generalities without offering evidence.
According to Muigai, the IEBC and its chairman conducted the elections on August 9, 2022 in strict accordance with the law.
“IEBC overhauled its procedures in line with the court’s orders from 2017.” Muigai told the court.
Muigai challenged the petitioners who claimed the August 9 election was irreparably flawed to submit evidence because the case had no legal gaps.
According to Muigai, the petitioners would be deemed to be proposing that the entire process be annulled because it exposed flaws in the overall process, including procurement and technology that other elective posts benefited from.
“In this court, there are no less than three governors addressing you, elected under this election. There are no less than four Senators and Members of Parliament elected under this election. I would urge you to ask counsel if they are happy with their own election. If they are happy, then how is it that this election is flawed?” Muigai said.
Muigai further questioned the nature of the proceedings, claiming that they were solely reliant on affidavits, despite the fact that some of those who had sworn them were not available for cross examination while making outlandish accusations. He said that the petition was motivated by the odd habit of how candidates accept winning or losing an election.
Muigai justified his defense by citing election observer reports that declared the election to be open and transparent. Muigai went on to accuse the petitioners of relying on simple assertions that were not substantiated by evidence.
“The petitions make grave allegations of a criminal nature. All that, without a shred of evidence, especially as it relates to the honourable Chebukati. The vilification against this chairman goes beyond anything we have ever had in this court. It was personal, vindictive. It was unwarranted.” Muigai told the court.
Muigai stated that the petitions before the Supreme Court are substandard and begged the court not to use them to annul the elections or impose punishment on Chebukati.
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