Tana River Senator Dansan Mungatana has identified a gap that the petitioners in the presidential petition failed to fill during their submissions in court.
In an interview with KTN News on Monday morning, the UDA politician stated that the petitioners failed to get people who served as returning officers in the August 9 general election as witnesses to support their case.
“What is not contestable is that form 34A the physical one and one that was supposed to come up in the air, none of the guys who were returning officers swore an affidavit to say there is s difference between what was up there and the physical form,” Mungatana said.
According to him, the main issue in the petition would have been if the will of the people was interfered with.
“Because if I was the lawyer preparing the case, that would be the issue for me, that is to these other things that chairman was what… technology went left, right, center very good law but the issue is was the will of the people interfered with?” Mungatana said
“It is good to appear in Supreme Court, wear all those gowns and make names but really would you confidently tell the court that there is a problem with an election when the physical form and the electronic format, you can not bring a witness to identify the differences in the forms,” he added.
Supreme court judges namely; Martha Koome, Philomena Mwilu, Smokin Wanjala, Isaac Lenaola, Njoki Ndung’u, William Ouko and Mohamed Ibrahim, are expected to make a ruling on the presidential petition on Monday September 5.