Following two days of hearings in the election petition filed by the National Super Alliance, Supreme Court Judges have retreated for two days to write their judgment.
The Judges led by the Chief Justice David Maraga will issue a ruling on the petition Friday.
The hearings were concluded on Tuesday night with all parties presenting their report on an audit ordered by the court on IEBC’s servers, data and election tools.
And from the audit, NASA termed the findings as a “smoking gun” which gives credence to their claims that the August 8 polls were flawed.
“The two reports you accepted are two smoking guns,” said NASA Lead Counsel James Orengo.
He said the audit revealed that nearly 5 million votes cast for Raila Odinga were affected.
“Our case has been proved that forgery, alternation of documents fakery and deception have been used in various ways, including one in which the server was used.”
Speaking of discrepancies in 90 Form 34Bs he said, “these affected nearly five million votes.”
He explained the 90 forms from 290 constituencies had glaring mistakes which show the elections were neither free, fair nor credible.
“Forms that were irregular, either on account of not being signed, not bearing security features and many other reasons explained in the report, affected nearly 5 million votes,” he told the court.
However, President Uhuru Kenyatta’s legal team led by Fred Ngatia and Ahmednasir Abdullahi quashed the allegation by the petitioner-NASA.
In his three-hour argument during the day, Ahmednasir termed NASA’s petition as a fiction.
“My Lords, this petition is like a science fiction that can only excite movie directors at Hollywood,” Ahmednasir told the bench.
Ngatia on his part quashed NASA’s argument of discrepancies in the Forms saying, “Errors of addition may occur. The addition was done by our brothers and sisters manually. It is an electoral contest and not surgery in a theater.”
The President’s lawyer said only 800 votes were affected by the discrepancies.
The team told the court that no formula was set in EBC servers to steadily give Uhuru more votes while reducing Raila’s as earlier alleged by NASA lawyer Otiende Amollo.
Ngatia said the elections were given a clean bill of health by International observers.
He went ahead to play a clip by CNN where former US Secretary of State John Kerry of the carter Centre said the polls were free and fair.
Ahmendnasir told the court that it would be unfair to invalidate the election on flimsy grounds.
“You must find that the people who voted on August 8 were entitled to the right to vote as prescribed by Article 38 of the Constitution,” he said.
“It’s not about the winning or about Uhuru being declared head of state. The winning of Uhuru is the choice resulting from the sovereign will of the people. Uhuru is a nominal factor and the case is about the will of the people. It’s about the 15 million votes and for you to overturn their decision you have to convince them that they made an error for you to rectify.”
The two lawyers for Uhuru called on the court to dismiss the petition with cost.
By Pharis Kinyua. He’s an online Journalist and an author for Jamhuri News.