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Civil society and the presidential petitions

Civil society and the presidential petitions

by Civil Society Team
September 20, 2022
in Civil Society
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Youth Advocacy Africa is back. This time they’ve gone to the Supreme Court to challenge the just concluded general elections that saw Dr William Ruto declared as the winner. They claim that there were various irregularities that affected the outcome of the elections.

YAA and other petitioners want the recently held elections voided especially due to the postponement of the Mombasa and Kakamega gubernatorial polls. According to them, “The rights of voters in the affected counties and constituencies were violated. They did not cast their ballots to elect a president of their choice.”

Further, they’re basing their argument on the unceremonious cancellation of the polls citing that Article 38 of the constitution was violated. This, they say suppressed voting in the presidential election and ultimately had an impact on the outcome.

The lobby has named President-elect William Ruto, Azimio presidential candidate and his running mate Raila Odinga and Martha Karua, Attorney General Paul Kihara and IEBC commissioners as respondents.

John Githongo CEO of Inuka Ni Sisi

In a separate puzzling petition activist John Githongo claims that he was approached by a young man on August 18th. The young man is alleged to be part of “The Team” whose work was to receive and alter Form 34As from the Kenya Integrated Electoral Management System (KIEMS) kits.

The team of 56 individuals would then upload the documents onto the IEBC public portal. Githongo claims to have a video to prove that which he will only present in court. He further wrote that he will distort the image and the voice of the man to protect his identity.

Githongo’s petition names William Ruto as the ninth respondent. He claims Dennis Itumbi, Morris Mutegi, Davis Chirchir, Jackson Kandi, Baby Serge, Kipyegon and the whistleblower were some of the ten supervisors who oversaw the fraudulent activities to favour a Ruto win.

The explosive affidavit also mentions Smartmatic, the controversial company that was providing technology for the elections. Allegedly, ICT experts had access to IEBC’s back-end servers which were working with Smartmatic.

Activist Okiya Omtatah

Busia Senator-elect Okiya Omtatah filed a petition in court claiming that none of the candidates achieved the required 50%+1 threshold according to Article 138 of the constitution. This is because, as he claims, the number of voters who voted manually was never taken into account.

The number of voters who voted manually totalled at least 140,028. Omtatah says that IEBC authorized the use of the manual register in 84 polling stations in Makueni and 154 polling stations in Kakamega. Therefore, according to him, the minimum number of votes cast was at least 14,466,779. The declared total by Chebukati was 64.77% of the total registered voters which was 14,326,641.

Those discrepancies, according to Omtatah are not insignificant and he asked the court to declare the election results incorrect.

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