The supreme court judges on Thursday threw William Ruto and Chebukati lawyers under the bus after they asked them very difficult questions.
The questions from the judges sought clarity from the learned friends following their submissions but they confessed that they needed one more day to come up with answers. Other Kenyans jokingly referred to their act as looking for “Mwakenya”. Below were the issues raised by Supreme court judges to Chebukati and Ruto lawyers:
1. Why did the Chairman allocate “domestic” chores to the other Commissioners?
2. What is the check for the all-powerful IEBC Chairman?
3. Why did he not wait for the next day to announce?
4. What is the constitutional role of the other Commissioners under Article 140?
5. Compare that with the role of the Secretariat and the Chair.
6. Why did live result transmission stop?
7. If NSAC visited the Chair, are we to assume that they already knew the results?
8. Why did the percentage for the voter turn out decrease?
9. What if there were no agents? Article 81 places the burden of a free, fair, accountable etc election on IEBC. Where there are no agents, what is the process?
10. Comment on the walking away of the 4 Commissioners almost at the same time as the Chair was about to announce the results.
11. How was the waking out timed? Does their walking out mean anything under Article 140? If yes, why. If no, why?
12. What were the Venezuelans maintaining in the server prior to elections?
13. We are not witnesses neither were we at Bomas. Do you expect us to apportion blame?
14. What is the Court to do where Commissioners take the position of a party, as they have done?
15. When did the IEBC become dysfunctional?
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