The 7 Supreme Court judges entered the first day of hearing the presidential petition where they are set to determine 9 issues raised by the petitioners in petitions filed.
Representing the main petitioner, Raila Odinga and Martha Karua, Julie Soweto an advocate presented the issues 3, 4 and 5.
Issue number 4 was on whether the postponement of Gubernatorial Elections in Kakamega and Mombasa Counties, Parliamentary elections in Kitui Rural, Kacheliba Rongai and Pokot South Constituencies and electoral wards in Nyaki West in North Imenti Constituency and Kwa Njenga in Embakasi South Constituency resulted in voter suppression to the detriment of the Petitioners in Petition No. E005 of 2022.
Julie referred to the affidavits of Celestine Anyango, Arnold Oginga and the petitioner’s agent Ezra Singuti.
Accoirding to Julie Soweto, the elections for the 8 elective posts were only postponed in Raila Odinga’s strongholds, noting that that was the only consistent theme among the 8 elections. The advocate deducted that the 1st petitioner, Raila Odinga and Martha Karua, did not start equally as the petition’s 1st respondent, William Ruto and Rigathi Gachagua.
Ezra, the petitioner’s agent, says in the polling station he was manning, polling started as late as 1PM due to KIEMS kit failure, an issue Julie says happened in Raila Odinga’s strongholds. Soweto adds on that where polling started late the time wasn’t extended for voters to cast their votes.
“It cannot be coincidental that only faulty KIEMS kits were sent to the petitioners strongholds,” Soweto presents her issue.
Julie Soweto is keen to mention that the comparison between areas that held their election on August 9th and those that postponed their election to August 29th had a vote differential of about 4% – 5% in voter turn-out in areas the election was cancelled.
Soweto alleges the cancellation of polls in strongholds was deliberate because the reasons given by the IEBC were not born out of statutory provisions for cancellation of the election. She references Irene Masit’s affidavit.
She reads in part, “The reason why the election was cancelled in those areas is because the commission procured the wrong ballot papers…due diligence wasn’t done in areas where elections were cancelled. And no meeting was held as required to be before procurement was done nor verification as was done in 2017.”
Julie Soweto, an advocate, concluded her submission by alleging the postponement of polls in the 8 elective posts was deliberate and not at all accidental.
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