Siaya Governor James Orengo will be the man to watch as day one of the Supreme Court presidential hearing kicks off on Wednesday.
Orengo is the lead counsel for Azimio la Umoja presidential candidate Raila Odinga and his running mate Martha Karua where they are seeking to invalidate the election of Deputy President William Ruto as President.
The team led by Orengo will have three hours to make their case in the consolidated petition where Raila and Karua are the first petitioners while Ruto is the second respondent.
There are six other petitioners who have been allocated 30 minutes each to make their case. The court has identified 9 issues that it will determine in the petition.
READ: Supreme Court identifies nine issues for determination in presidential petition
Besides a declaration that Ruto was not validly elected in the August 9 election, Raila and Karua listed 23 other points of relief that they are seeking from the Supreme Court.
Raila and Karua want the Supreme Court to declare that they won the election and in the alternative declare that the IEBC, as presently constituted, is “incapable of presiding o ver and rendering a proper, credible and verifiable presidential election.”
Raila and Karua want the Supreme Court to declare that IEBC chairman Wafula Chebukati is unfit to hold public office and that he, IEBC, Ruto and Commissioners Abdi Guliye and Boya Molu “jointly and severally committed election irregularities.”
The two are also seeking a declaration that Chebukati is “in breach of the authority and trust assigned to his office as a State Officer and has brought dishonour to the nation.”
Raila and Karua also want the decision by Juliana Cherera, Francis Wanderi, Justus Nyang’aya and Irene Masit to distance themselves from the final presidential result to be upheld by the Supreme Court arguing that it was consistent with the Constitution.
They want the IEBC and Chebukati to avail all material “including electronic documents, devices and equipment” for the presidential election within 48 hours of the filing of the petition.
The two want IEBC and Chebukati to “produce, avail and allow access for purposes of inspection” all the logs of any and all servers hosted by the IEBC in respect to the presidential election within 48 hours of the filing of the petition.
This was granted and the exercise on scrutiny kicked off on Tuesday with a report to the judges by the registrar expected on Thursday.
In their petition filed on August 22, the two were also seeking an order from the court to compel the Directorate of Criminal Investigations to produce all the evidence collected from three Venezuelan nationals who had been arrested ahead of the elections.
They also want the DCI director George Kinoti to produce a laptop seized from an alleged UDA agent by the name of Koech Geoffrey Kipngogoss and a forensic report of the same. The two have alleged in their petition that the laptop was connected to an external URL and was used to alter the forms that were on the IEBC public portal.
Raila and Karua also want the Supreme Court to give an order for the scrutiny of all rejected and spoilt votes. They say that a declaration should be made to have the rejected votes included while computing whether a candidate has achieved the 50 per cent plus one vote threshold.
In 2013, the Supreme Court ruled that only valid votes should be used during the computation of the threshold during the then petition against the election of President Uhuru Kenyatta and Ruto.
Raila and Karua also seek an order from the Supreme Court for the scrutiny and forensic audit of all the returns of the presidential election including Forms 34A, 34B and 34C. They also want an order of the same for all systems, equipment and technology used by the IEBC in
They also want a declaration from the Supreme Court that the irregularities and improprieties we so substantial that they affected the presidential election result. They are also seeking a declaration that all the votes affected by the irregularities are removed from the final tally of the presidential result.
Raila and Karua also want the Supreme Court to order the IEBC to “organise and conduct a fresh election in strict conformity with the Constitution and the Elections Act.”
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