The issue of internally displaced persons (IDPs) is expected to play out during the hearing of the Nasa petition.
The coalition’s presidential candidate Raila Odinga alleges that President Uhuru Kenyatta engaged in bribery and intimidation as well as abuse of public resources to win the election.
However, in their affidavits, Interior Principal Secretary Karanja Kibicho and Presidential Delivery Unit (PDU) boss Andrew Wakahiu deny the claims that public resources were used for campaigns.
Mr Kibicho says the compensation of IDPs was planned and budgeted for in advance.
“Resulting from the legal and constitutional obligation of the government to address IDP-related issues on a continuous and sustainable basis, budgetary allocations have over the years been made available to address these issues,” the PS said.
He cited the Sh6 billion development budget for the Interior ministry for 2016/2017.
Mr Odinga gave the compensation of internally displaced persons in Kisii and Nyamira, warnings to chiefs in Makueni and advertisements highlighting the Jubilee administration’s achievements as examples.
He accused the Independent Electoral and Boundaries Commission (IEBC) of aiding Jubilee in the polls by failing to punish it for the breaches of the law.
Mr Odinga said in a country where a large number of people are below the poverty line and illiterate, it is possible that many voters may have been easily influenced by the “improper use of public resources”.
“I believe that the presidential election was fundamentally flawed and/or incompatible with the electoral values and principles of the Constitution,” he said.
But the IEBC, the President and his team have denied the allegations.
Mr Kibicho explained the circumstances that led to the President warning chiefs in Makueni during his campaigns.
He said he had received information that some chiefs in the county were using their positions and government motorcycles to campaign for Mr Odinga and other Nasa candidates.
Mr Wakahiu argued that there was nothing wrong in having the PDU advertise the government’s achievements as that is part of being accountable to the people.
“I am advised by the (President’s) advocates that there is no provision in the Constitution that requires ongoing government programmes to be suspended during the election period.”