Supreme Court judges will start hearing applications from parties seeking to join the petition challenging President Kenyatta’s re-election on Saturday.
So far, two parties— Dr Ekuru Aukot and Prof Michael Wainaina, who were presidential candidates— have applied to join the petition.
Whereas Dr Aukot alleges massive irregularities on the election outcome, Prof Wainaina has opposed the petition, saying he sees no merit in the plea for the annulment of President Kenyatta’s win.
He says in his sworn statement that even if there were any irregularities, they are so insufficient to overturn poll results.
In his application, Dr Aukot, who came in fifth in the race, alleges that the Independent Electoral and Boundaries Commission (IEBC) admitted fraudulent and unstamped forms 34As in the final tally.
Dr Aukot claims in some instances, up to 11 agents signed the forms yet there were only 8 presidential candidates in the race.
Other parties that might seek to join the case are Attorney-General Githu Muigai, although National Super Alliance (Nasa) lawyer Paul Mwangi has indicated that he will oppose his admission.
According to Mr Mwangi, Prof Muigai has displayed partisan approach in all the cases he has appeared previously.
The parties are usually enjoined in the case as amicus curiae (friend of the court) and only present points of law to assist the court in deciding the case.
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In its reply, IEBC is asking the court to dismiss the petition, saying it is couched in vagueness, generalities and misconceptions.
The electoral body argues that it has complied with the Constitution, all relevant electoral laws and the interpretation of the law as pronounced by the courts.
Further, the commission argues, the discrepancies in the poll results were denied and if any, attributed to human error in transposition.
The errors, if any, IEBC believes, do not materially affect the results.
On his part, President Kenyatta argues the case is loosely structured around four broad pillars, “all erected on a foundation of quicksand”.
“It is immediately clear to me that the petitioner has gone to very great lengths to exaggerate facts, peddle outright falsehoods and suppress material facts in a bid to mislead this Honourable Court and thereby obtain an unjust advantage,” reads an affidavit sworn by Winnie Guchu, who was President Kenyatta’s deputy chief agent during the elections.
She also claims that Mr Odinga tried coercing candidates nominated by NASA affiliate parties for the gubernatorial, senate, national assembly, women representatives and member of county assembly positions to reject their elective posts in solidarity with him, so as strengthen the false narrative that the election had been hacked.
President denies using State resources and civil servants to campaign for him.