Nairobi — President-Elect William Ruto has challenged Azimio La Umoja - One Kenya Leader Raila Odinga - the principal petitioner in the 2022 presidential petition - to table figures backing his claim that he indeed won the August 9 general election.
Ruto told the Supreme Court that Odinga's petition lacked merit and that he had failed to provide substantive evidence to back his claims that the poll was rigged.
"The petitioners do not point out the variances they are alleging exist, but most importantly, they do not come up with their tally. They do not come forward and say that this is the correct tally and it is based on what?" Ruto's lawyer Katwa Kigen submitted referencing the forms 34A.
In his petition, Odinga has alleged that forms 34A - the results from polling stations - were altered in favor of Ruto.
Kigen told the Martha Koome-led bench that Odinga's agents, who were present in different polling stations, never contested the results penned in the forms before being uploaded to the IEBC portal.
"It is our submission that the petitioner through his agents was happy with the process up to the last minute when the tallies were done, and it reflected a win for a party other than the one they wished," Kigen said.
Kigen poked holes into the affidavit by Arnold Ochieng, an advocate who alleged possession of forms 34As that had been manipulated.
"What is contained in his affidavit is hearsay because he acknowledged that he was never an agent," Kigen said, adding that he failed to disclose the origin of the close to twenty forms 34A which he attached to his affidavit.
The Court heard that Ochieng had falsified the forms after the presiding officers of the respective stations, whose results were alleged to have been manipulated, confirmed to Ruto's lawyers that nothing of the sort transpired.
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Kigen pleaded with the Court to consider the affidavits from the presiding officers who corroborated the falsified claims.
"The petitioners have failed to discharge their burden of proof to demonstrate that there was any deficiency or defect in the forms 34A," Kigen said.
The affidavits by John Githongo and IEBC Commissioner Justus Nyangaya, who support Odinga's petition, were also dismissed by Kigen, who explained to the Court that they hold no water.
He also questioned the affidavit by Benson Wesonga, who acted as a forensic analyst.
In their affidavits, Githongo and Nyangaya produced logs that they allege proved that unauthorized persons had access to the results transmission system and tampered with the results.
Githongo later withdrew his logs claiming they were outdated, with Kigen submitting that the entry of the new logs by Nyangaya was meant to save Odinga from any embarrassment on his allegation that there were attempts of infiltration in the IEBC servers.
"Let it be known that Nyangaya is a surrogate and an extension of the petitioner," Kigen said.
The Court will render its verdict on Monday.
Nullification of the election would send Kenyans back to the polls, which must be conducted within 60 days, with the specific day being November 4, 2022.
If the Judges uphold the election of President-Elect William Ruto, he will be sworn into office on September 13, 2022.
