Azimio la Umoja lead legal counsel James Orengo has said the president elect William Ruto did not attain the 50 +1 percent threshold to win the presidential elections conducted on the 9th August 2022.
Speaking today during the ongoing presidential petition, Orengo claimed that Raila’s votes were deducted and added to his competitor, President elect William Ruto.
He told the court that the number of votes cast and that of voters who took part in the election do not tally and that the 50+1 was based on a wrong computation of the total number of votes cast.
“We urge you to nullify the election, there was deceit. The IT structure and system of the electoral commission was manipulated and the election rigged in favour of the second respondent,” claimed Orengo.
Explaining why the presidential election should be nullified, Orengo added that the electoral commission contradicted itself by indicating the total votes cast to be 14,466,779 a representative of 65.4 percent then later indicated that the final votes captured in the Form 34 C as 14, 213 037.
The senior counsel demonstrated that the results in form 34C did not agree at all and invited the court to do its calculations to prove that the number of votes cast kept on shifting.
Lawyer Paul Mwangi also representing Azimio leader Raila Odinga and Martha Karua in the petition said that the IEBC Chairman Mr. Wafula Chebukati disrespected the constitution by acting as a supervisor of the elections and deciding who to declare as the presidential candidate.
He said the requirement to declare presidential election results does not give the chairman power to tally and verify the results.
“The IEBC chairman has violated the law, he attempted to take the collegial nature of decision making at the commission,” said Mwangi.
The lawyer added that it is only article 138(10) where the chairman is asked to declare the result of the commission’s decision.
Other lawyers who made their submissions today including Paul Nyamodi, urged the court to nullify the presidential election results maintaining that no one attained the 50 +1 threshold to be declared the winner.
