Presidential Election Petition: Raila's team key submissions at Supreme Court

Siaya Governor James Orengo at Milimani Law Courts on Wednesday, August 31, 2022 where the supreme court is hearing a petition challenging the win of President-elect William Ruto as the president. [Collins Kweyu, Standard]

James Orengo

• A divided commission could not have delivered a credible election
• IEBC has contradicting figures on voter turnout
• Contradicting figure on voter turnout makes it difficult to prove 50% plus 1
• IEBC 50% plus 1 calculation was based on a wrong figure of total votes cast
• There was systematic deduction of the votes cast for Raila and same added to Ruto in several constituencies.
• The figure on votes cast obtained using voter turnout per cent differs from the figure obtained by counting the votes

Paul Mwangi

• Elections decisions are collegiate in nature and that is what Kenyans expect from IEBC
• IEBC chairperson is not the commission and has to work with commissioners
• Requirement to declare winner doesn't give the chairman power to tally, verify and decide who to declare
• Collegiate decision in IEBC is key to give integrity, independence and legitimacy to the decision
• Chebukati disrespected the constitution and has a history of bungling elections

Julie Soweto

• Forms used in election do not match what IEBC said was going to procure
• There was deliberate mischief in the use of the election forms
• Forms issued to agents and those in the portal have same features but different figures
• There were instances where votes were deducted from Raila and not added to any of the candidates
• Cancellation of the gubernatorial election in Kakamega and Mombasa gave Ruto an advantage
• Kiems kits failed in several strongholds of Raila and delayed voting
• Wasted time due to kits failure was not compensated
• There was a lower voter turnout in Mombasa and Kakamega compared with neighbouring counties
• Error that led to cancellation of election in some areas was a willful error by IEBC
• The cancellation of elections in some areas was deliberate and not accidental
• Discrepancies in the results amount to over 180,000 votes
• The total number of votes accounted to prisoners is only 715 votes

Philip Murgor

• Technology deployed by IEBC completely failed standards of a secure transparent electronic system
• Technology deployed by IEBC was so inherently corrupted, manipulated and tainted,
• Chebukati results cannot be said to be representative of the will of the people
• There was illegal, malicious and unauthorized existence of commission staff
• Chebukati personal assistant Dickson Wanusu illegally and maliciously accessed IEBC system.