Raila’s complaint before Supreme Court

March 16, 2013 12:24 pm


It argues that there was no free and fair presidential election conducted saying it will be unlawful to have Kenyatta and Ruto form the government/FILE

It argues that there was no free and fair presidential election conducted saying it will be unlawful to have Kenyatta and Ruto form the government/FILE
NAIROBI, Kenya, Mar 16 – According to the petition filed on Saturday afternoon, Prime Minister Raila Odinga wants announcement of Uhuru Kenyatta as President elect and his deputy William Ruto overturned and fresh presidential election held.

He also wants the process leading to their win declared null and void.

He argues that there was no free and fair presidential election conducted saying it will be unlawful to have Kenyatta and Ruto form the government.

The petition also argues that the voter register was altered: “The voter register was severally altered as to make it difficult to tell which one was used finally. For the purposes of the 4th March elections the registration of voters was carried out between 19 November 2012 to 18th December, 2012, at the end of which the IEBC announced that 14,337,399 persons had registered as voters.”

The petitioners further accused IEBC of fabricating the number of registered voters explaining that its register had exceeded the number of registered voters with 85,000 voters. They argued that the motive of behind the changed number of voters at the close of registration and at voting time was to give IEBC space to interfere with the presidential election.

He is also alleging that IEBC abandoned the electronic voter identification process at the polling stations and release of results to lock out transparency in the process.

“That by abandoning the process of electronic identification at the polling stations and releasing results based not on the safeguarded, agreed, determined and credible electoral process it had promised and committed to, and by which legitimate expectations accrued, but a process that failed so significantly, substantially and endemically, IEBC effectively failed to reflect the will of the Kenyan people at the election,” the petition indicates.

“Because of the IEBC and its chairman’s acts and omissions, the electoral process and the outcome thereof is so flawed in so fundamental and grave a sense, taken together or viewed separately, that it is difficult to tell whether the results were the true, lawful and proper expression of the Kenyan people’s will.”

He says poor quality Biometric Voter Registration, EVID and electronic transmission systems were intentionally adopted so that the process would fail to allow rigging of presidential election.
“The EVID and BVR system and the electronic results transmission systems adopted by the First Respondent were so poorly selected, designed and implemented that they were destined to fail from inception, to the knowledge of the IEBC; the failure and collapse, on a catastrophic scale on the polling day, so fundamentally changed the system of polling and the number of votes cast, owing to inordinate and inexplicable delays at the polling stations thereby reverting Kenya to the discredited manual system, with all the attendant risks and opportunities for abuse and manipulation which in fact took place,” the petition says.

“The IEBC and its chairman’s purported official tally of registered voters inexplicably and mysteriously grew overnight by a large proportion on the eve of the election, notwithstanding that registration had closed some thirty days and was by law not permitted to be opened or changed. The results as declared and recorded by IEBC contained wide spread instances of manipulation of the returns through manipulation of Form 36 and in some instances the votes cast exceeding the numbers of registered voters, in flagrant breach of the fundamental Constitutional principles,” the petition asserts.

He argues there were widespread anomalies in the way the results were released especially using duplicated unsigned Form 36 including alleged alterations.

The petitioner further argues that votes cast exceeded the number of registered voters in areas such as Tiaty, Laisamis, Igembe Central, Buri, Chuka, Turbo, Marakwet West, Kajiado West, Bomet East, Mt Elgon and Langata.

He further alleges that results in form 36 in Webuye East, Webuye West and Igembe Constituencies differed from results announced in the final tally.



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