Dr PLO Lumumba, the lawyer for IEBC chairman Wafula Chebukati. [Photo/ Courtesy]
Here's the latest on the Supreme Court petition challenging the declaration of Uhuru Kenyatta as president-elect by IEBC...
Start-time tomorrow7:50pm: Chief Justice David Maraga says the court will start at 11am tomorrow. He closes today’s hearings.
7:48pm: Muite final words, “The will of the Kenyan people is in forms 34A and 34B. Dismiss the petition so that the will of the people can stand.”
Muite wraps up7:45pm: Paul Muite, acting for IEBC, “Allegations have to be proved by concrete admissible evidence.” “We have to learn to accept results.”
Raila’s case dead on arrival 7:42pm: PLO, “This petition (Raila’s case) should suffer the fate of dismissal.” “What you have before you is a petition that is dead on arrival.”
7:40pm: “This was an election that complied with the law.”
7:39pm: “That which is clear is stated in a very brief manner,” PLO says, hinting that he is about to finish his submissions.
7:35pm: PLO argues that Raila Odinga has not proven anything, regarding the allegations in the petition.
7:31pm: PLO Lumumba, “Opinions of individuals should guide the Supreme Court.”
7:28pm: PLO Lumumba: “What we have is petty and administrative errors.”
PLO Lumumba defends Chebukati7:24pm: Dr PLO Lumumba, acting for Wafula Chebukati, says Raila’s claims are full of hearsay. “This petition is an afterthought.”
7:21pm: Chebukati's lawyer, “Raila must produce evidence that IEBC chairman, Wafula Chebukati, committed an electoral offence.”
Grounds to invalidate results 7:17pm: There has to be substantial non-compliance for the Supreme Court to invalidate the election, Wafula Chebukati’s lawyer says.
7:10pm: Lawyer Peter Wanyama, on behalf of Wafula Chebukati, says forms 34Bs were not a forgery. “They were downloaded by the (IEBC) chairman.
Errors by IEBC not enough6:46pm: IEBC lawyer, "Arithmetic errors made by IEBC officials cannot be used by the court to overturn the election. We urge you (judges) to dismiss the (Raila) case, because he has not proved the allegations.”
6:40pm: “Not a single person was ejected from any polling station.” — IEBC lawyer
Gazetted IEBC officers6:30pm: "There is no requirement in law for the gazettement of presiding officers.” — IEBC lawyer.
6:25pm: "IEBC ICT Director James Muhati was in office by the late Chris Msando was murdered.” — IEBC lawyer.
Early results6:23pm: There were polling stations with 1 voter. Others with 3. “Those are the results that came from 7pm (on August 8) — IEBC lawyer.
Why presidential candidates got more votes6:20pm: "Diaspora, prisons and rejected votes contributed to more people voting for the president than other candidates." — IEBC lawyer.
6:15pm: IEBC lawyer Issa Mansour responds to the issues raised by Raila Odinga’s lawyers earlier today. He is now arguing as untrue all the allegations made.
Stamping of IEBC forms5:58pm: IEBC lawyer Issa Mansour: “There is no law requiring the IEBC forms to be stamped. “Stamping is not an issue that this court needs to waste time on.”
‘Dismiss Raila’s case’5:51pm: IEBC lawyer: “There’s only one conclusion. This petition (Raila Odinga’s case) should be dismissed.”
Hacking allegations 5:44pm: "The allegations of comprise or hacking are unproven” — IEBC lawyer.
Role of tech in elections5:42pm: The IEBC electronic systems just transmitted the results. “It did not generate the results.”“The petitioner (Raila) remains obsessed with the mode of conveying, not what was conveyed.” — IEBC lawyer.
Raila’s main issue5:40pm: Raila’s main complaint, according to the IEBC lawyer, is that the electronic transmission system was comprised. “We submit that this is a bare allegation, not proved.”
Will of the people 5:38pm: There is no contestation, across the board, on the validity of form 34A, which represents the will of the people. — IEBC lawyer Nyamodi.
5:28pm: The declaration of election results was as by law required — IEBC lawyer.
Murmurs in court5:26pm: There are murmurs in the court, especially around Raila Odinga, after IEBC's lawyer declared that what TV stations showed, from the public portal, were what used to be the ‘provisional results'.
Results on TV ‘fake’5:25pm: IEBC’s lawyer says that figures that TV stations displayed about the presidential election results were NOT the results, but ‘statistics’.
Aukot is in5:15pm: Third Alliance presidential candidate Ekuro Aukot, who was enjoined in the petition, is also present at the Supreme Court.
The ICT aspect of the polls - Nyamodi (IEBC lawyer)
5:10 pm: Elections were conducted in accordance with the law, since the public portal results were not used to declare the August 8 polls winner - Nyamodi.
5:02 pm: The petitioner(NASA) has impeached the process and the results - Nyamodi.
IEBC lead counsel Paul Muite takes charge
4:59 pm: "My conclusion, I have urged the IEBC team to be strong for being attacked for doing the right thing in hardship conditions given that they did their best in a short time to conduct credible polls yet they are attacked," said Muite.
4:54 pm: IEBC is confident that the numbers on the form 34A, B will be consistent with what appears in form 34C final tally announced by Chebukati says Muite.
4:49 pm: "The petitioner just repeated themselves as if they had not read IEBC's explanations of the factual positions," said Muite.
Interested party supporting the petition:
4:45 pm: "My conclusion is that the statutory documents given by IEBC were unverifiable and had room for manipulation," said Mutuma.
4:37 pm: Ezra Chiloba admitted that the IEBC used manual excel to key in the results, Mutuma reveals that the IEBC CEO told his client(Aukot) when he inquired.
4:32 pm: Name of agent not consistent, the ones submitted at Bomas and what is submitted at the public portal. Mutuma says there must have been room for manipulation for the statutory documents.
4:28 pm: "Aukot does not contest the election because he has already conceded defeat based on the numbers but questions the qualitative process of the elections," said Mutuma.
4:26 pm: Lawyer Elias Mutuma appears on behalf of interested party to the petition (Mr Ekuru Aukot)
4:25 pm: Counsel of NASA legal team leaves the front bench, as both IEBC and interested parties take the front bench.
Orengo takes charge:
4:21 pm: My conclusion: Orengo attacks observers, said they knew no fraud in the polls until NASA started complaining about the manner of votes transmission. Orengo finishes NASA submission.
4:16 pm: The massive irregularities presented by Otiende Amollo makes the August 8, polls not in order says Orengo
4:15 pm: "Men and women of faith in religious matter, there is either heaven or hell but in matters constitutional the court must look at the validity in line with the Constitution," Orengo pleads with the court
More on Otiende Amollo's evidence, NASA Video evidence
4:09pm: Lawyer Oluoch, "There was massive non-compliance if we consider what Msando said, there were two systems being operated by the IEBC, one that the public knew(Public Portal) and one that IEBC didn't reveal thus the genesis of 'inconsistent form 34As and Bs," said Oluoch.
4:02pm: NASA lawyers present two videos of the late Chris Msando's video where he was talking about how the elections were to be conducted and the impact it would have to ensure elections were not rigged.
NASA submissions continue
3:56: "This case is more on protecting the sovereignty of the people, Kenya is a Republic, not a Monarch," Mwalimu Kangu pleads with the court.
3:54: Justice Smokin Wanjala interjects Mwalimu Kangu on his point urges him to unleash points instead of sounding as a lecturer in a first-year law class.
3:43 pm: Mwalimu quotes his book and emphasises the need to have clear frameworks that will ensure the nation is not questioning the credibility of the election after every five years.
3:41 pm: Mwalimu speaks on the role of history in determining election disputes and the importance of electoral reforms.
Court adjourns
2:33 pm: Chief Justice David Maraga adjourns the court session. Proceedings to resume at 3:30pm.
'Non-compliance'
2:20pm: "IEBC deliberately ignored the security directive by the Communications Authority to host the cloud system in Kenya," - Mwangi
2:15pm: "From the documents, it is very difficult to verify the actual presidential results," - Mwangi.
"This election has become very difficult to scrutinise, based on the documents presented," - Mwangi.
Legal systems
1:48pm: "This case (NASA petition) has the same players as the 2013 case, but the legal system has changed," - Mwangi.
1:30pm: Raila's lawyer Paul Mwangi takes the stage.
Raila exits Supreme Court
1:25pm: NASA leader Raila Odinga has left the Supreme Court premises as his lawyers continue to argue for his petition challenging President Kenyatta's win.
Chiefs threatened
1:15pm: "The third respondent (President Kenyatta) intimidated and threatened Chiefs in Makueni County during his campaigns, contrary to the law," - Okong'o.
"It is not about the numbers, on this issue, it is about whether the Electoral rules in the Constitution have been adhered to or not," - Okong'o.
'Intimidation and State resources'
12:58pm: "Cabinet Secretaries campaigning for President Uhuru Kenyatta intimidated voters, they also used state resources to popularise his bid, contrary to the law," - Okong'o
Presidential campaigns
12:54pm: "It is unlawful for Cabinet Secretaries and State Officers to campaign for the President," - Okong'o.
12:45pm: Senior Counsel Okong'o Omogeni takes the stage to expound on the NASA petition.
Disallowed affidavits 12:42pm: Justice Lenaola clarifies that all affidavits which were filed on August 27 will not be relied on because they were not admitted.
12:35pm: Otiende Amollo ends his submissions.
12:31pm: Raila’s lawyer: 567,517 people voted for the president and not for any senator.
Orengo on ‘generated’ forms12:25pm: In earlier submissions, Siaya Senator James Orengo narrated to the court of IEBC ‘generated’ forms 34A and 34B.
12:07pm: Otiende Amollo says Raila Odinga gets 21,000 votes, but IEBC deducts 10,000 — to give him 11,000 votes in Isiolo.
Purposeful mistakes 12:00pm: Otiende Amollo lists polling stations with errors, which show Raila Odinga losing votes while Uhuru Kenyatta gets more than what he got. “These were not errors, but purposeful mistakes”.
Rejected votes11:50am: Raila’s lawyer says IEBC chairman Wafula Chebukati did not declare the number of rejected votes when announcing the presidential results.
What NASA can access11:47am: Here’s a summary of what NASA can access from the IEBC servers.
11:42am: Raila’s lawyer concludes that the results declared by IEBC chairman Wafula Chebukati were not based on Forms 34A and 34B, as required by law.
Unverified results11:41am: Raila’s lawyer: “The results displayed on national TV, as obtained from the IEBC portal, were not verified.”
Wafula Chebukati’s declaration 11:40am: Raila lawyer, Otiende Amollo argues that the final declaration of the presidential results by IEBC chairman Wafula Chebukati was not supported by Forms 34A.
11:39am: Raila’s lawyer argues that election results declared by 14 non-gazetted returning officers should be declared a nullity. This affects 594,000 votes in respect to presidential votes.
11:38am: IEBC did not have some forms 34As by 14th of August - Otiende Amollo
‘Raila causes drama’11:35am: Earlier, Raila Odinga caused some drama at the Supreme Court when he arrived.
Raila’s expert11:32am: Dr Edgar Otumba, an expert on statistics, hired by Raila Odinga, concludes that a formula was used in the streaming of results, which ensured that Uhuru Kenyatta maintained an 11% gap, Raila's lawyer says.
Streaming of results
11:25am: "The results were not streaming in from polling stations, they were being fed into the system in batches," - Senior Council Amollo.
'Fake' barcodes
11:21am: "Some of the barcodes in Form 34As and 34Bs lead to locations outside Kenya," SC Amollo.
Illegitimate Returning Officers
11:14am: SC Amollo says in 14 constituencies, people who signed form 34Bs were not the gazetted IEBC officials.
11:06am: NASA SC Otiende Amollo takes the floor after Orengo's opening submissions.
Errors
10:50am: "The IEBC forms supplied did not meet specifications, no security features, names of presidential candidates not in full," - Orengo.
Opening submissions
10:37am: "If an election is not conducted according to the Constitution, numbers do not matter," - Orengo.
Supreme Court session resumes
10:20am: Raila's lead lawyer James Orengo presents NASA's case before the Judges.
Orengo’s wish granted9:42am: Chief Justice David Maraga allows Orengo’s prayers for the court adjournment for 30 minutes.
9:41am: Fred Ngatia, President Uhuru Kenyatta’s lawyer, has also asked for copies of the ruling on IEBC access.
Orengo asks for ‘time-out’9:40am: James Orengo, Raila’s lead lawyer, asks for the court to allow for a 30-minute adjournment to organize on how they will present their case.
IEBC to comply with court orders9:38am: Paul Muite, the IEBC lawyer, says Wafula Cebukati and the electoral body says they will fully comply with the court orders. He says IEBC has nothing to hide. Asks for copies of the court orders.
9:35am: Registrar of the court to supervise NASA access of certified Forms 34As and 34As. Report to be filed by the registrar at the court by Tuesday 5pm.
NASA allowed partial IEBC access9:32am: NASA allowed partial access (read only) to the IEBC servers.
IEBC technology can’t be ignored9:31am: Judge Isaac Lenaola: “Role played by technology cannot be ignored.”
9:30am: NASA principals Moses Wetangula, Musalia Mudavadi and Kalonzo Musyoka among leaders at the court.
Judge Lenaola delivers ruling 9:25: Supreme Court Judge Isaac Lenaola announces the court’s ruling on access to the IEBC servers.
Major ruling today9:20am: The first ruling the Supreme Court judges will make this morning is the determination on whether to allow NASA to access the IEBC servers.
Raila arrives9:02am: ODM leader Raila Odinga, the first petitioner, has arrived at the Supreme Court ahead of a major ruling on access to IEBC servers and the hearing of the case.