Why petitioner John Njoroge wants the presidential poll nullified

She further raised the question of IEBC's mandate and its duty on verification, tallying, and declaration of results in accordance with the provisions of Article 138(3) (C) and Article 138 (10) of the Constitution, arguing that the electoral agency failed Kenyans.

The lawyer argued that if it was Chebukati's duty to verify and declare the final tally, as per his August 17, 2022 statement, then the commission does not need seven commissioners, which she equated to a waste of taxpayers' money.

"It is in our view fallacious to claim that the chairperson can alone purport to confirm or verify the election results. If three commissioners make a quorum, why have seven? Why not have three?" she submitted.

Suspended governorship elections

Kamau, in his petition also argued that the Constitution is clear on when a general election should be held in Kenya (the second Tuesday of August) and that suspending elections in eight electoral areas led to suppression of voter turn-out.

"We have a situation where elections were cancelled. We have a commission and chairperson who are so disconnected, which shows there is a problem," lawyer Janmohamed argued.