Raila Odinga and co-petitioner Martha Karua during the submission of their petition challenging the presidential election results at the Supreme Court on August 22, 2022. PHOTO | RICHARD MUNGUTI | NM
Nairobi. Raila Odinga's presidential petition against William Ruto's election has finally been admitted at the Supreme Court of Kenya.
Mr Odinga, a veteran opposition leader who ran with the backing of President Uhuru Kenyatta, has rejected the outcome of the August 9 poll, branding it a "travesty."
He narrowly lost to Ruto by around 230,000 votes -- less than two percentage points.
Read: Azimio delivers presidential petition files in a lorry
The 77-year-old politician filed a physical copy of the petition with barely an hour to go before the court's 2 pm (1100 GMT) deadline for accepting the case. An online copy was filed earlier in the day, according to a member of his legal team.
Read: How Raila, Ruto presidential election petition is likely to be framed
Mr Odinga and his running mate and co-petitioner Martha Karua are seeking 23 reliefs, including an order for inspection of the Independent Electoral and Boundaries Commission (IEBC) servers and scrutiny of the rejected and spoilt votes.
A truck carrying evidence for Azimio presidential petition arrives at the Milimani Court. PHOTO | NMG
Hundreds of supporters cheered as dozens of boxes of evidence were unloaded from a truck outside the court.
"We have hopes that we have made a good case and will win," Daniel Maanzo, a member of Odinga's legal team, told AFP.
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 that a drawn-out dispute may lead to violence in a country with a history of post-poll unrest.
Since 2002, every presidential election in Kenya has triggered a dispute, with this year's outcome also causing a rift within the IEBC which oversaw the poll.
Odinga, who was making his fifth bid for the top job, said last week that the figures announced by the IEBC were "null and void and must be quashed by a court of law".
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.
Read: Hero or villain? Wafula Chebukati divides opinion, two disputed presidential polls later
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.
In addition, an order for the invalidation of Ruto's election and the IEBC be compelled to organise a fresh presidential election in strict conformity with the Constitution and Elections Act. The fresh election should not be presided by Mr Chebukati, they say.
The pair is also seeking an order to summon Director of Criminal Investigations George Kinoti to produce statements, photographs, reports, equipment, laptops, phones and other gadgets and any other material connected/related to the conduct of the elections and found in possession of the Venezuela nationals arrested at JKIA.
They further want Mr Kinoti summoned and directed to produce laptop(s) allegedly retrieved and seized from Koech Geofrey Kipngosos, an agent of UDA party and report on the forensic analysis and examination of the laptop(s) and content.
'We want justice'
Odinga supporters began gathering outside the court hours before his arrival, blowing whistles and waving placards reading "Electoral Justice Now!" and "We want justice now".
"Odinga must win so that we get the 6,000 shillings ($50) promised in his manifesto," said one man, wearing a crown made with plants who was referring to a monthly cash handout for vulnerable households.
Another man -- armed with a Bible and wearing huge green glasses -- knelt down in prayer as police guarded the court premises.
Judges are also expected to consider other challenges against the result, with a court clerk telling reporters the tribunal had already received two petitions filed by a voter and a non-profit organisation.
The IEBC was under heavy pressure to deliver a clean vote after facing sharp criticism over its handling of the August 2017 election, which was also challenged by Odinga.
The court annulled that election in a first for Africa and ordered a re-run which was boycotted by Odinga. Dozens of people died during a police crackdown on protests.
In a shock development shortly before the results of this year's poll were announced, four of the IEBC's seven commissioners accused chairman Chebukati of running an "opaque" operation and later said the numbers did not add up.
Chebukati dismissed the claims, insisting he had carried out his duties according to the law of the land despite "intimidation and harassment".
Divided opinion
Legal experts are divided on whether Chebukati needed the commissioners' backing to announce the results, with constitutional lawyer Charles Kanjama telling AFP there was "some ambiguity" surrounding the issue.
Odinga has previously said he was cheated of victory in the 2007, 2013 and 2017 elections, and the poll's aftermath is being keenly watched as a test of democratic maturity in the East African powerhouse.
On the campaign trail, both frontrunners pledged to resolve any disputes in court rather than on the streets.
Since the results were declared, Odinga has commended his supporters for "remaining calm" while Ruto has taken a conciliatory tone and promised to "work with all leaders".
Kenya's worst electoral violence occurred after the 2007 vote, when more than 1,100 people died in politically motivated clashes involving rival tribes.
If the Supreme Court upholds the results, Ruto will become Kenya's fifth president since independence from Britain in 1963, taking over the reins of a country battling surging inflation, high unemployment and a crippling drought.
Additional report by The East African
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