Fred Ngatia: Show us one Form 34A in the public portal that differs with the hard copy?

William Ruto and Rigathi Gachagua, through their Lead Counsel, Fred Ngatia have challenged the presidential election petitioners to show one Form 34A that differs from the hard copy.

While addressing the Supreme Court, Ngatia poked holes into Raila Odinga and Martha Karua’s allegation, that his clients intercepted, edited, and uploaded altered Form 34A’s.

Ngatia disputed Senior Counsel James Orengo’s opening remarks stating that their case was not based on conspiracy.  Ngatia instead said, “Other than conspiracy, they have no case.”

The seasoned lawyer argued that the country has failed to inculcate a culture of accepting results. “Maybe it’s in our psyche, maybe it’s in our makeup, but we are unable to do that,” said Ngatia.

While defending his clients, he poured cold water on the petitioner’s case saying it’s based on fiction. Arguing from a point of logic, Ngatia asked the petitioners to show one Form 34A in the public portal which differs from the copy at the polling station.

“Show us a ballot box that people from outer space came and voted into staffed into it and then all this hijacking in mid-air took place? There is no such evidence because that is the work of fiction.  Not just conspiracy but work of fiction,” said Ngatia.

Ngatia brought to the court’s attention what he termed as ‘other things’ being added to the case, like who is to be punished or castigated. He told the Apex Court that the petitions have mutated to a large context, particularly the main petition.

He said, “Other things have been infused in this inquiry,” requesting the court to conduct surgery removing the mutations and retain the original inquiry under Article 140.

Responding to the relief by Raila Odinga and Martha Karua who have asked the court to carry out a count and term them as winners of the August 9th polls, Ngatia termed any such action as, “Court coronation of a candidate.”

President-elect William Ruto is defending his August 9th win and has been named as a respondent in the seven petitions at the court.

The Supreme Court will issue its pronouncement on the presidential election petition on Monday, 5 September. Either sending the country to polls again, or upholding the election of William Ruto and Rigathi Gachagua.

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