Why Raila’s petition was dismissed by the apex court.
On monday 5th, the supreme court of Kenya dismissed a presidential petition filed by Azimio la umoja coalition.
Also read Fate of presidential petition; Supreme court renders verdict
The following are reasons why Raila’s petition was dismissed by the Apex court of Kenya.
Chief justice, Martha Koome stated that among the reasons why the petition was dismissed is lack of concrete evidence and forgery of documents.
The court found out that the filed affidavits by Celestine Opiyo, Arnold Ochieng Oginga and former corruption whistle blower John Githongo were based on lies.
CJ said,”Affidavits filed in court must only deal with facts, swearing to falsehoods is a criminal offence.”
John Githongo’s affidavit had claims of three foreigners and a kenyan hacking into the independent electoral and boundaries commission servers to alter the results.
Githongo’s affidavit further profiled a Venezuelan by the name Jose Camargo who allegedly hacked into the system and added votes in favour of William Ruto.
The court stated that there was no enough evidence indicating that the independent electoral and boundaries commission servers were breached.
CJ Koome said,”The contents of John Githongo’s affidavit, which may contain forgeries, are dismissed for not meeting evidential threshold.”
On the matter regarding the Split of the IEBC commissioners, chief justice Martha Koome stated that the commissioners worked as an entity until, the pre- end where the verification of results was supposed to be done.
Due to that, the court dismissed the split saying it does not guarantee enough basis to nullify an election.
Also, on the issue of KIEMS KITS failing in polling stations, Chief justice Martha Koome stated that where the KIEMS KITS failed, voters were allowed to vote manually.
She therefore stated that the court made a unanimous decision to dismiss the presidential petition.