By Eric Winston/ Guest Writer
President Uhuru Kenyatta and the IEBC have filed their responses to the Nasa presidential petition.
In his affidavit, President Uhuru Kenyatta contends that the Jubilee party not only won the presidency, but also has the majority seats in the gubernatorial, senatorial and National Assembly positions.
He also argues that the fact that he received over 25 percent of votes in 29 counties out of the 47 is evidence of his popularity.
Uhuru Kenyatta has also used several graphics in his affidavit to demonstrate how unlikely it is that he lost the August 8 election.
The president’s legal team comprising of Fred Ngatia, Evans Monari, Ahmednassir Abdullahi and Kimani Kiragu filed their response that included replying affidavits from the president, Jubilee Party chief agents David Chirchir and Winnie Guchu, as well as written expert testimony.
Jubilee Party chief agents testify to the fairness and transparency of the electoral process, and the reliability of Form 34B which was used to capture the presidential results at constituency level. They also testify that should there have been discrepancies, then they arose from human error and would not have significantly affected the poll results.
The expert testimony is intended to counter that of Nasa’s ICT and Cyber Security experts.
The Independent Electoral and Boundaries Commission in its response said that the petition is “couched in vagueness, generalities and misconceptions.”
IEBC also argue that it complied with the Constitution, all relevant electoral laws and the interpretation of the law as pronounced by the courts.
The electoral body say that delays in the receipt of some scanned copies of the Form 34Bs from the constituencies were due to their large file sizes and poor internet connectivity, and not to allow for the cooking of figures.
“Numbers relayed to the portal were statistics and not results. Any variances did not affect the results. Results in Forms 34B tally with 34A,” their response reads.
The pre-trial conference to identify issues for determination in the presidential poll petition will begin at 7pm on Saturday August 25 2017.
This will be at the Supreme Court where petitioners who want to be enjoined to NASA’s case will also be heard.
In a letter Supreme Court registrar Esther Nyaiyaki noted “all counsel appearing before the court should be fully robed”.
The Opposition coalition went to the Supreme Court to challenge the results of a presidential election which it says was rigged.
IEBC said President Uhuru Kenyatta won the August election by 1.4 million votes but Opposition chief Raila Odinga said the results are false.
Rules of presidential petition
According to the rules of the presidential petition, a pre-trial conference takes place eight days after the filing of the petition.
The registrar was charged with information parties of the date and time.
The rules say the court will:
(a) frame contested and uncontested issues in the petition;
(b) consider consolidation of petitions in cases where more than one petition is filed;
(c) give directions specifying the place and time of the hearing of the petition;
(d) direct the Commission on the handling of all the relevant election materials and documents relating to the petition before commencement of the hearing; and
(e) make such other orders as may be necessary to ensure a fair determination of the petition.