The Independent Electoral and Boundaries Commission (IEBC) Chairman Wafula Chebukati’s legal counsel, PLO Lumumba, Monday accused NASA leader Raila Odinga of failing in his attempt to overturn President Uhuru Kenyatta’s re-election.
Prof Lumumba said that NASA had presented allegations and that their case was headed nowhere. He also stated that the affidavits sworn by Mr Odinga were full of hearsay.
“These are a litany of allegations standing of stilts and will collapse under the weight of the evidence we have provided,” Prof Lumumba noted.
The former director of the anti-corruption commission (EACC) started off by telling the judges that “The pleadings before you suffer from lack of focus and particularity.”
Prof Lumumba bashed the formula presented to the court by NASA lawyer Otiende Amollo as Pythagoras Theorem and said no poll is decided on the basis of such a formula.
He dismissed assertions detailed by NASA in an affidavit by one of their experts detailing instances where Odinga’s votes were reduced or President Kenyatta’s added.
From the affidavit, he said, only 15,000 of the more than 15 million votes cast in the election were contested.
“No court in the world has ever voided an election based on the minimalist approach. These are petty grievances,” said Prof Lumumba.
Prof Lumumba, celebrated for his mastery of the English language, dismissed allegations that his client’s systems for the transmission of results were hacked.
“The rule is that he who alleges must prove. What the petitioners have made is allegations…but have failed to prove.
“Kenyans gave birth to a baby. IEBC’s role is midwifery. The baby is alive and well. You are being asked to strangle the baby. Decline the invitation,” he said.
Prof Lumumba added that Odinga’s video on interviews with Chris Msando, the slain ICT manager at the IEBC, “offends all the rules”.
“Kenyans turned out in large number on the 8th of August and expressed their will. This court should be very cautious to overturn that will unless it is demonstrated that will was subverted,” he explained.
“The totality of our submissions are that we have demonstrated that this petition is destitute of merit. Because it is destitute of merit, it should only suffer one fate – rejection,” he concluded.