Lawyer Nelson Havi, of HAVI and Company Advocates. [Photo|Nelson Havi]IntroductionRaila Odinga’s petition against Uhuru Kenyatta is four pronged; preparation for election by IEBC, unlawful campaign by Uhuru, manipulation of votes after the count, irregular tally, transmission and declaration of results.PreparationIEBC is accused of interfering with Kenya Integrated Elections Management System (KIEMS) and disbanding the Elections Technology Advisory Committee (ETAC), to countermand the requirement for finality of Constituency declared results. IEBC is alleged to have unlawfully created 11,000 polling stations of over 7.7 M voters, outside 3-4G network coverage, to prevent verification of results therefrom by Raila. IEBC is accused of intentionally supplementing its server on a private cloud, to enable intrusion and manipulation, contrary advice from Communications Authority of Kenya (CAK).Raila claims that IEBC’s ICT Manager Chris Msando was murdered, to weaken the electronic electoral system and enable server interference. Unlawful campaignRaila claims that Uhuru unduly influenced and induced voters with PEV reparation payments, projects and advertisement of achievements in the media. Uhuru is accused of intimidating voters with military deployments and outright threats on public servants to get votes. The case of Makueni Chiefs is cited as an example. Uhuru is also, alleged to have unlawfully used state resources and state officers in particular, Cabinet Secretaries, to actively solicit for and get votes.Manipulation of votesIEBC is accused of ejecting Raila’s agents from polling stations in Central and Rift Valley and manipulating results from the said regions. It is stated that KIEMS was designed only to transmit results from polling stations simultaneous with images of Form 34As and not otherwise, but that was not the case after the count of votes from polling stations. Irregular tally, transmission and declarationResults from 10,000 polling stations with 5 M votes were transmitted and declared without accompanying Forms 34A and are therefore, claimed to be invalid. Results from Forms 34A and 34B were not accurate and verifiable and figures therein did not add up, invalidating 7 M votes. IEBC published provisional results on its portal and National TV, without accompanying Forms 34A, in preparation of stealing the election in favour of Uhuru. The declaration of Uhuru as winner on 11th August, 2017 was made prematurely and without supporting 11,883 Forms 34A and 187 Forms 34B representing 3.5M votes. Rejected votes numbered 477,196 being 2.6% of votes cast and should be considered in ascertaining the Constitutional threshold of 50% plus 1. The SCOK decision of 2013 in Raila –vs- Uhuru deciding otherwise, should be re-looked. IEBC deducted 395,510 votes from Raila’s tally and added them to Uhuru’s tally. Results of Presidential Election are not accurate and verifiable. It cannot be ascertained whether Uhuru won. ConclusionIt is Raila’s request that the election be invalidated, a fresh election be held and election offenders prosecuted. Editor's Note: This summary is based upon the petition filed in Court which is available to the public. The summary is based on the views of lawyer Nelson Havi, of HAVI and Company Advocates.

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