Kenya: Orengo Leading 42 Lawyers in Odinga Petition

24 August 2022

Nairobi — Senior Counsels James Orengo, Pheroze Nowrojee, Philip Murgor and Okong'o Omogeni will be the lead counsels in the Supreme Court petition filed by Azimio presidential candidate Raila Odinga against President-Elect William Ruto.

The case management team will be led by lawyer Paul Mwangi and is composed of lawyers Jackson Awele, Julie Soweto, Velma Maumo, Prof. Ben Shihanya, Fred Orego, Dan Maanzo and Tom Macharia.

"We are pleased that our Presidential Election petition has buoyed the spirits of Kenyans that justice will prevail and that they did not cast their ballots for Azimio in vain," said Odinga's Spokesman Makau Mutua.

Other lawyers listed in the legal team include Tony Moturi, Dr. Judy Oloo, Celestine Opiyo, Arnold Oginga, Barbara Malowa, Addah Awiti, Justus Jura, Leornard Okanda, Plister Omondi, Winnie Makaba, Jerusah Michael, Deborass Bubi, George Ouma, Edward Ambala, Geoffery Sore, Naila Salim, Tabitha Wathuti, John Njomo, Jacquline Njoroge, Speranza Nywaira, Kinyua, Hannington Amol, Ndegwa Njiru, Mathews Okoth, Kennedy Wanyanga and Kevin Katisya.

Professor Mutua, C.N Kihara, Adams Oloo and Caesar Vanjao are consultants in the petition.

Odinga filed a petition to the country's top court Monday, challenging the outcome of the August 9 election in what he called a fight for "democracy and good governance".

Odinga, a veteran opposition leader who ran with the backing of President Uhuru Kenyatta and the ruling party, has rejected the outcome of the poll that delivered victory to his rival Ruto, branding it a "travesty".

The 77-year-old politician lost his fifth bid for the presidency by a narrow margin of around 230,000 votes -- less than two percentage points.

Hundreds of supporters cheered as dozens of boxes of evidence were unloaded from a truck outside the Supreme Court.

"We have enough evidence that it is us who won the election. We didn't have an election we can be proud of," Odinga told a press conference after filing the case.

The outcome of the poll represented a "continuing struggle pitting the forces for democracy and good governance against the corruption cartels that... will stop at nothing to take control of government," he said, without giving specific details.

"The action we have taken... affirms our deep belief in constitutionalism, the rule of law and a peaceful resolution of disputes."

Although polling day passed off peacefully, the announcement of the results a week ago sparked angry protests in some Odinga strongholds and there are fears a drawn-out dispute may lead to violence in a country with a history of post-poll unrest.

Since 2002, no presidential election in Kenya has gone uncontested, with this year's outcome also causing a rift within the Independent Electoral and Boundaries Commission (IEBC) which oversaw the poll.

According to a copy of the 72-page petition seen by AFP, Odinga's team alleges that IEBC chairman Wafula Chebukati failed to tally around 140,000 votes.

As a result, Ruto "did not meet the constitutional threshold of 50% plus 1 of the valid votes cast" -- a requirement for him to be declared the winner.

Judges now have 14 days to issue a ruling. If they order an annulment, a new vote must be held within 60 days.

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