KENYA- The hearing of the Presidential petition resumes this morning with President Uhuru Kenyatta’s lawyers defending his win.
On Monday, National Super Alliance presented their case arguing for the nullification of President Kenyatta’s win.
It was their argument that the victory was not legitimate as the poll rules were violated and from the results, one cannot tell who was validly elected.
Through lawyers James Orengo, Otiende Amollo, Okong’o Omogeni, Mutakha Kangu, Anthony Oluoch and Paul Mwangi, the team presented before the seven judges what they considered as breaches and anomalies contained in the results that would warrant the nullification of the Jubilee leader’s win.
Their evidence was, however, disputed by lawyers for Independent Electoral and Boundaries Commission (IEBC) and its chairman Wafula Chebukati, who said Nasa had not proved the allegations it had made.
The commission through Paul Muite, Issa Mansur, PLO Lumumba and Paul Nyamondi defended the outcome and maintained that it is an expression of the will of Kenyans.
“The will of Kenyans is expressed in Forms 34A and 34 B and nowhere else,” Mr Muite said.
He asked the court to dismiss the case with costs to the petitioner.
Giving the directions on Monday evening, Chief Justice David Maraga said President Kenyatta’s legal team— comprising lawyers Fred Ngatia, Ahmednasir Abdullahi and Ken Ogeto— will have three hours to argue for the dismissal of the case.
Once they conclude, the Law Society of Kenya (LSK) and the Attorney-General Githu Muigai will have 20 minutes each to argue on points of law.
In the evening, a team appointed by Registrar of the Supreme Court to look at the electoral management system will present its report to the court.
Mr Maraga had indicated that only three lawyers— President Kenyatta’s, Mr Odinga’s and IEBC’s— will comment on the report, for ten minutes each.
The report captures the audit of the kits and other electoral management systems as earlier directed by the court.
Mr Maraga said friends of the court (AG and LSK) and interested parties will play no part in the scrutiny.