ODM leader Raila Odinga and his running mate Martha Karua led other leaders allied to Azimio in presenting a petition at the Supreme Court on Monday, August 22, which seeks to nullify the declaration of William Ruto as the president-elect following general elections that were conducted two weeks ago.
In the petition, Azimio wants the court to order a fresh tally of the presidential elections so that Raila and Karua can eventually be declared as winners of the presidential elections or the court to order IEBC to organize a fresh presidential election.
Aside from that, they want access to all servers related to IEBC and all the materials that were used during general elections.
Azimio argued that the electoral commission had not uploaded results from all the constituencies when IEBC chairman Wafula Chebukati proceeded to declare the final results. They said that form 34As from 27 constituencies were not available for public scrutiny at the time.
“The final result declared by the first respondent(IEBC) was therefore not complete, accurate, verifiable and accountable and can not be the basis for a valid and legitimate declaration,” the petition read.
It has however emerged that Karua sold herself and Azimio on Saturday August 13, when she met with Azimio leaders who emerged victorious in the August 9 general elections at KICC.
Karua is on record saying that they had downloaded forms 34As from IEBC’s portal and they knew the outcome of the election therefore their argument that the not all forms were in the portal does not make sense.
“There is no way the tally can be against us. By the way we have tallied, we don’t have the power to announce ourselves because the forms were on the portal and we took copies and we tallied. We know where we are. If we had the power we would have called it ourselves but we will wait for that announcement,” Karua said.
Due to that, Senior Counsel Ahmednasir Abdullahi has suggested that Karua’s remarks should bring an end to their supreme court petition.
“Shouldn’t this be the end of Raila’s Supreme Court petition?…surely…why are we as a country saddled with his flip flops? Martha says they accessed the forms on the portal, they tallied and they won…estoppel by Conduct…it is called in law…,” the lawyer said.