Fred Ngatia: Election petition a work of fiction and conspiracy

Senior Counsel Fred Ngatia has termed the 2022 presidential election petition challenging William Ruto's August 9 win a conspiracy and a work of fiction.

Ngatia, Ruto's lead counsel, told the Supreme Court on Thursday that the petition, devoid of lawyers' arguments, is based on pranks.

He highlighted an allegation by the legal representatives of Raila Odinga and Martha Karua, in which they claimed in their submissions that forms 34A had been hacked and their contents altered to favour Odinga's main rival William Ruto.

"Show us one Form 34A in the public portal which differs from the hard copy at the polling station...or show us a ballot box that people from outer space came and voted into and then all the hijacking in mid-air took place. There is no such evidence because it is a work of fiction," Ngatia told court.

The lawyer further argued that the order being sought in the primary petition has the possibility of taking the country into a constitutional crisis.

"We have the incumbent in office on temporary incumbency. He cannot even appoint anybody to take over from any of the public officers being vilified before you."

"The petitioner has repeatedly said that he will not participate in an election held by IEBC under the chairmanship of Chebukati, and does not want to accept defeat...the solution he offers is that there be an election presided over by the vice chairperson of IEBC. It will be a crisis of monumental nature. A crisis we don't want," said Ngatia.

He also tore into SC James Orengo's Wednesday argument, when he began his case by stating that it wasn't based on conspiracy. Ngatia likened the ongoing election petition to that of Ghana in 2020.

He argued that Kenya's elections were held everywhere in the country, and the outcome represented the sovereign will of the people, which was now being questioned.

"I said in 2013 and I repeat, we are unable to inculcate amongst ourselves the culture of accepting the electoral results. It is the reason that other than conspiracy, there is no case," he argued.

The lead counsel also hinted that "mutations" had been added to the petition.

"When you retire to consider your judgement, please carry out some surgery, see the mutations added, and remove them so that you are left with the original inquiry under Article 140," Ngatia told court.

The lawyer was appearing for William Ruto.

Ngatia was assisted by lawyers Kithure Kindiki, Kioko Kilukumi, Katwa Kigen, Kiragu Kimani, Dr Linda Musumba, among others.