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Thursday, 31 August 2017

Very Important: Here Are 5 Very Crucial Factors Which Will Determine Whether Raila Will Win The Presidential Petition. Number 2 and 3 are Very Delicate

Opposition Leader Raila Odinga will on Friday know the fate of his Presidential petition challenging President Uhuru Kenyatta’s victory.

 On Monday, Mr Odinga’s lawyers presented their arguments with problems in transmission and system failure, alleged forgeries, non-compliance with the Constitution and inconsistency being their core areas of contention.

 Lawyers for the respondents; IEBC, its Chair Wafula Chebukati and President Kenyatta, however, dismissed claims by the petitioner arguing that the elections were free and fair and that the Judges should dismiss the case with costs.

 Following the Court Proceedings, four issues have emerged that could make or break Mr Odinga’s petition. The four include;

1. Legal Provision

The petitioner argued that there is no need to have legal provisions if they will not be obeyed. The team submitted that there is no point of holding elections if the law,  procedure, and regulations to govern their conduct will not be respected and adhered to.

It is an issue that the judges will have to examine and various lawyers told the court that it had a duty to form a strong jurisprudence that could guide such petitions.

2. Transmission of Results

Transmission of the results formed main bone of contention by the petitioner.

Mr Odinga noted that the relay and transmission of results “compromised and affected the requirements of free and fair elections.”

It is now upon the court to check whether this was strongly canvassed with evidence submitted.

3. Form 34As

The NASA coalition, according to lawyer Pheroze Nowrojee, had written to IEBC seeking the forms but they only got some and a letter saying the commission was “unable” to provide Forms 34 A.

“How then did they get to the results,” posed Nowrojee. “Why were 11,000 Form 34As missing six days after the elections?”

The bench will have to decide as to whether the provisions of the law were followed in the declaration of the results.

4. Inconsistencies

It is now upon the court to check whether the alleged inconsistencies were clerical or deliberate as asserted by the respondents and the petitioner respectively.

According to Mr Odinga’s team the discrepancies had been determined whereas IEBC, Mr Chebukati and President Kenyatta noted that the errors were clerical and not deliberate.

The 4 issues will form the basis on which the Judges will decide whether to uphold or throw away the petition.
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