Lawyer Githu Muigai, who is representing IEBC in the election petition before the Supreme court, insists that the August 9 general elections was conducted in a free and fair manner in accordance with the constitution..
While giving his submissions, Muigai faulted the petitioners’ argument that everything in the elections that could have gone wrong in the election went wrong.
According to him, the petitioners therefore mean that the whole process went wrong, right from the registration of voters to the final step of declaration of election results.
“My Lords, you have been urged by several counsel who have spoken before me that this election was irretrievably flawed, that from the word go and one counsel said and I quote that everything that could go wrong went wrong.
“If that could be true, and we deny that it is true, then it would mean that everything from voter education, voter registration, procurement, nomination, voting, counting, tallying, verification and declaration was totally flawed,” the lawyer said.
He further argued that if that would be the case, how comes senior counsels like Siaya governor James Orengo and Kisumu senator Tom Ojienda are satisfied with the elections in which they won.
“First of all you have been addressed by counsels of great eminent including my learned senior James Orengo and my learned Junior Prof. Tom Ojienda. In this court my lords as we sit here this morning, there are no less than 3 governors, 4 senators, 4 Members of Parliament addressing you elected under this election. My lords, it is not in my place to suggest the questions you put to counsels but I would plead with you to put that question to the counsel when they return to the podium, are they happy with their own election? If they are, how then is this election irredeemably floored?” Muigai said.
Others who won elective seats but are representing Raiola include Makueni senator Dan Maanzo.
In his submissions further, the former attorney general said that the petition was about numbers, which all the petitioners avoided arguing about.
“This petition is about numbers. The petitioners have tried to argue every other point except numbers. I will be demonstrating to you in a short while that we conducted a proper, fair, constitutional, legal, impartial election,” Muigai said, adding that there was nothing wrong with IEBC or Wafula Chebukati.
“There is nothing wrong with IEBC or Wafula Chebukati. There is something very wrong in the way the persons who participate in the electoral process accept winning or losing,” the lawyer said.
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