What PLO Lumumba said in court that has excited Kenyans

Renowned speaker and lawyer Prof Patrick Loch Otieno, fondly, PLO Lumumba on Monday ended the defense of the IEBC at the apex court with a flourish and on a high note, earning the recognition of Chief Justice David Maraga.

CJ Maraga told the well-known orator, “Mr Lumumba, you were clear,” to which Prof Lumumba responded, “May the Lord bless you.”

Despite the high-end language packing, here is what we understand of Prof Lumumba’s submission to the DAVID Maraga led court.

Lack particularity

Starting by questioning the motive of the historic battle, Prof Lumumba quipped that the move by Mr Odinga to go to court was merely to “give the court a second chance” different from what happened in 2013.

Prof Lumumba started off by telling the judges that “The pleadings before you suffer from lack of focus and particularity.”

Prof Lumumba also characterised the affidavits earlier sworn by Mr Odinga and his team as full of hearsay and the case as built on stilts “that must collapse under the weight of evidence we have supplied before you my lords and my ladyships.

He also dismissed the purported formula presented to the court by Nasa lawyer Otiende Amollo as Pythagoras Theorem and said no election is decided on the basis of such a formula.

He argued only the law should apply in determining the case, of which NASA failed to present the substantial evidence to defend their case. This prompted Senior Counsel James Orengo to interject in protest.

On how the votes were taken from Mr Odinga and added to Mr Kenyatta, the former director of the defunct anti-corruption commission also attempted to dismantle the assertions.

He contended that from the affidavits only 15,000 of the more than 15 million votes cast in the election were contested.

“No court in the world has ever voided an election based on the minimalist approach. These are petty grievances,” said Prof Lumumba.

He also attempted to bat away the allegations that his client’s systems for the transmission of results were hacked.

“The rule is that he who alleges must prove. What the petitioners have made is allegations…but have failed to prove,” he added.

“Kenyans gave birth to a baby. IEBC's role is midwifery. The baby is alive and well. You are being asked to strangle the baby. Decline the invitation,” he said.

He said Mr Odinga’s video on interviews with Chris Msando, the IT manager at the IEBC who was killed days to the elections, “offends all the rules”.

“Kenyans turned out in large number on the 8th of August and expressed their will. This court should be very cautious to overturn that will unless it is demonstrated that will was subverted,” he added.

He concluded: “The totality of our submissions is that we have demonstrated that this petition is destitute of merit. Because it is destitute of merit, it should only suffer one fate – rejection.”