NAIROBI, Kenya, Mar 12- The legal team preparing Raila Odinga’s presidential petition now wants the Independent Electoral and Boundaries Commission (IEBC) to put on hold advertisements that have been calling on Kenyans to accept election results.
Mutula Kilonzo of the Wiper Democratic Movement says that the Constitution is clear on the process that should take place after elections in the event of electoral disputes.
“If the Constitution had wanted that at the conclusion of an election that Kenyans are stopped from interrogating the election nothing would have been easier, we know a lot of English. Nothing would have been easier to say that the announcement of the IEBC is final,” he said.
“IEBC as the institution whose deficiencies are subject of such challenges cannot therefore purport to ask the public to accept the election results as that is tantamount to violation of the democratic rights,” the Education Minister added.
Kilonzo who addressed journalists at Serena Hotel accompanied by Lands Minister James Orengo maintained that the electoral process was not over until the last petition was settled.
“We want to plead with the country not to accept impressions being created that the election is over, it isn’t. It will not be over particularly for the presidential election until the matters we are raising are heard in accordance with the Constitution,” Kilonzo insisted.
He says that the IEBC is in breach of constitutional provisions that, among other things, emphasise on transparency in the electoral process.
The two claimed that IEBC had summoned presiding officers to Bomas of Kenya for an activity suspected to be geared towards further malpractice as no agents have been summoned.
“If part of the documents that we have disputed are being discussed it should not be done in secret. So we are demanding that our agents be part of the process just as they were during the election just to listen to what is being said,” Kilonzo demanded.
“Our agents were part of the process and must be involved at the close of it,” added Orengo.
CORD had earlier on Tuesday morning filed a petition seeking orders to compel IEBC and mobile operator Safaricom to release crucial documents required to file a presidential petition.
Among the documents that the coalition is seeking from the IEBC are the log files for all short messages that were declared electronically and received from Safaricom, all software contracts between IEBC and all firms that provided software services to them in connection with the just concluded General Election.
Other documents needed are the serial numbers of all handheld transmission devices that were actually configured and made ready for use as aforesaid and the constituencies in which they were meant to be used
Additionally, what the coalition needs is the green book, provisional register of all registered voters and the final register of all registered voters.
High Court Judge Isaac Lenaola certified the matter urgent and is scheduled for hearing on Wednesday morning after both respondents have been served.