Prominent female lawyer Kethi Kilonzo has called upon the Supreme court judges hearing the Presidential petition case filed by NASA leader Raila Odinga to be guided by Solomonic wisdom when coming up with their final ruling.
Kethi ,who represented AFRICOG (Africa Centre for Open Governance) in the 2013 Presidential petition ,won the heart of many Kenyans as she took her seniors in law head on.
She went ahead to cite a few examples where the electoral agency did not abide by the law;
- The IEBC went ahead to “prophetically” announce the winner of the Presidential contest where as the ruling made by the court of appeal on June 23rd states clearly that the Chairman is supposed to declare the winner upon receiving results from all the 290 Constituency Returning Officers.
According to IEBC, the Constituency Returning Officers were to transfer the information in Forms 34A to one Form 34B.They would then transmit the Form 34B electronically to the National Tallying Centre.
In her opinion, ‘the prescribed form’ for results issued by a Presiding Officer is Form 34A. This Form 34A should have been transmitted electronically by each Presiding Officer to both the Constituency Tallying Centre and to the National Tallying Centre.As stipulated by regulation 39 (1A) (a) of the General Election Regulations.
IEBC admits in documents filed at the Supreme Court that the numerical results displayed through the electronic public portal were provisional and had errors. For example,the total rejected votes were over 400,000 according to their portal,however In the final results declared by IEBC in Form 34C the total rejected votes were just over 80,000.
“Did the transmission of the Presidential Election results comply with the law?”,she asked
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She concluded by saying that the final decision lies upon the seven Supreme court judges and prayed for them to have what she referred to as “Solomonic wisdom”.