Raila’s case science fiction, Uhuru lawyers tell Supreme Court
President Uhuru Kenyatta’s legal team has concluded its submissions to the Supreme Court in which they laughed off NASA’s plea for the court to annul the presidential results, saying the case is hollow.
Represented by lawyers Ahmednasir Abdullahi and Fred Ngatia, President Kenyatta who is the third respondent in the petition, based his defense on Article 38 (2) of the 2010 Constitution which explains how a court can invalidate and annul a presidential election.
Senior counsel Abdullahi argued that a presidential election can only be invalidated by reverse engineering Article 38 (2) which states “every citizen has the right to free, fair and regular elections based on universal suffrage and the free expression of the will of the electors for — any elective public body or office established under this Constitution; or any office.”
The senior counsel said that it is “only when you can show that a voter entitled to vote was denied the right to practice his/her political right that the court can nullify a presidential election.”
Mr. Ngatia, a senior counsel, blasted the rigging formula that was presented before the court on Monday by NASA lawyers, which they claimed was used to rig the election in favour of President Kenyatta.
“The formula has no application whatsoever because when you even take the final votes of the first respondent, Mr. Kenyatta (54.17%), to those of the petitioner, Mr. Odinga (44.94%, the difference is not even 11% as they allege,” argued Mr. Ngatia.
Mr. Ngatia insisted that President Kenyatta’s win is valid and bolstered by the unanimous verdict given by local and international election observers as a free, fair and credible process.
“Even if you lower the standards of proof in this case, the petition will be dismissed. Even if the court will expunge all the evidence presented by 1st, 2nd and 3rd respondents and allow the petition to be prosecuted, it will still be dismissed. This petition is a factious one that could only interest directors in Hollywood. All they have claimed is hearsay,” concluded Mr. Abdullahi.
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