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2017 KENYA ELECTIONS

NASA says has ‘bombshell’ as lawyers ready for legal face off

NASA through its lawyers, led by the Siaya Senator James Orengo on Friday said that the nation is prepared for a rude shock as the Opposition outfit gears itself to unearth massive election irregularities/MOSES MUOKI

NAIROBI, Kenya, August 25 – As the clock ticks towards the hearing of the much anticipated legal battle at the Supreme Court, a case that will determine the legitimacy of President Uhuru Kenyatta’s re-election, the National Super Alliance (NASA) has once again expressed confidence that it has sufficient evidence to prove that the elections were flawed.

NASA through its lawyers, led by the Siaya Senator James Orengo on Friday said that the nation is prepared for a rude shock as the Opposition outfit gears itself to unearth massive election irregularities that rocked the August 8 polls.

“I think we have a bombshell and that looking at it on the trial we will demonstrate that there was fraud committed during the elections. Many of the papers the Independent Electoral and Boundaries Commission submitted are fake,” said Orengo.

Speaking to journalists outside the courts after submitting their written submissions on the matter following responses filed on Thursday evening by Kenyatta and the poll body, Orengo said the election discrepancies captured in their evidence raises eyebrows over the credibility of the elections.

“In my many years of practice, I have never seen such a magnitude of fraud and forgery in an election and we are going to demonstrate and not from our own papers but from the papers filed by IEBC,” said Orengo.

The Thirdway Alliance presidential candidate in the just concluded elections, Ekuru Aukot through his lawyers also filed an application Friday to be enjoined in the NASA petition.

Part of the reason why Aukot wants to be enjoined in the case, in his application, is that the poll agency admitted fraudulent and unstamped forms 34As in the final tally of the Genera-Election.

On the other hand, Independent presidential hopeful Michael Wainaina is opposed to the NASA petition arguing that there is no adequate reason to annul Kenyatta’s victory.

The Supreme Court judges are expected to conduct a pre-trial hearing on Saturday.

On Thursday, while responding to Opposition leader Raila Odinga’s calls for nullification of the elections, Kenyatta through affidavits filed by his legal team at the Supreme Court Registry, Kenyatta said the margin between him and Odinga is itself a clear demonstration that Odinga’s allegations do not hold water.

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“The difference between the votes cast in my favour and those cast in favour of the Odinga is 1,401,286. Such a margin is significant and emphatically demonstrates the sovereign will of the people of Kenya,” he stated in the affidavit drawn by Ogetto, Otachi and Company Advocates.

The Independent Electoral and Boundaries Commission CEO Ezra Chiloba and a team of lawyers Thursday night filed 12 volumes of documents including affidavits challenging claims of election irregularities mounted by NASA and supporting documents thereof.

The poll agency through their submissions discounted NASA claims that their systems were hacked.

“Numbers relayed to the portal were statistics and not results. Any variances did not affect the results. Results in Forms 34B tally with 34A.”

Chiloba told journalists at the Supreme Court that all documents required to counter the NASA petition were available, exuding confidence that the presidential election will be upheld.

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