Raila’s new strategy to be President
Raila's strategy is aimed at showing that Uhuru's win was unlawful
In their five-hour presentation to the judges, Odinga’s team, led by James Orengo, Okong’o Omogeni and Otiende Amollo, laid bare their facts based on four grounds which according to them proved that the August polls were fraudulent and Kenyatta’s win was illegitimate.
The lawyers based their case on the legal grounding, the authenticity of the documents used in the declaration of President Uhuru Kenyatta as the winner, the conduct of Jubilee Cabinet secretaries, and the law on the ‘tyranny of numbers’.
"IEBC used trickery, forgery and alterations in declaring Uhuru President," Amolo said.
Raila’s team faulted the manner in which the provisional results were transmitted and the authenticity of the forms on which the final results were filled in.
Omogeni accused Cabinet Secretaries Eugene Wamalwa (Water), Mwangi Kiunjuri (Devolution) and Joe Mucheru (ICT) of breaking the law through biasness, misuse of State resources and intimidation of Kenyans to vote in Kenyatta.
Orengo argued that some of the Forms 34A and 34B which had been supplied by IEBC bore no security features given by the commission earlier.
He disclosed that IEBC used documents that had been ‘manufactured somewhere’ other than in Dubai by Al Ghurair, the firm contracted to print the ballot papers.
“If on a balance of probability the petitioner can demonstrate that the Constitution and the laws governing the elections were violated, this court should void the results of these elections,” Omogeni declared to the judges.
On his part, Amollo argued that the results were cooked to ensure Kenyatta maintained a 11 per cent gap from the start till the end.
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