Questions that judges want Raila’s lawyers to answer on their evidence
Supreme Court judges on Wednesday evening shot a load of questions to lawyers representing petitioners in the suit seeking nullifying the election of Deputy President William Ruto as President.
The judges listed a series of clarifications that they would want the lawyers to consider when giving their rejoinders later in the week.
The judges want to understand how the Form 34As were manipulated while still on transmission from the polling stations to the public portal set up by the IEBC.
In particular, Justice Njoki Ndungu asked the lawyers to explain how the forms were manipulated to have the same handwriting as the originals.
Justice Smokin Wanjala asked; “Can the hackers change the physical Forms 34A being delivered by road to Bomas?”
The judges also want to understand why the grievances by the four commissioners of the IEBC who have broken ranks with the rest should be believed.
According to Justice Issac Lenaola, no evidence has been adduced yet to show that the four commissioners had documented any of the grievances before hand.
He noted that the Commissioners were seen publicly announcing the results and it would be important if the court understood their motive for the last minute change of heart.
Justice William Ouko told the lawyers to also explain the alleged suppression of voters caused by the postponement of Governor elections in Kakamega and Mombasa.
“You say that the postponement of elections resulted in voter suppression… that people wake up one morning to go and vote for particular candidates… do we have any scientific nexus on this or is it just an assumption that this happens?” Ouko posed.
Justice Njoki Ndugu also asked a similar question wondering if suppression also applied to other elective position or just the presidential votes.
“When a voter goes to vote they get six ballots….what we have then is six different elections but on the same day. So if your argument is voter repression is voter repression then is it voter repression only in the presidential election or is that an argument that can be used by an MCA in Kakamega county?” she asked.
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