The court has made all the necessary preparations for the historic case to ensure judges deliver a ruling within the time stipulated by law.
Supreme Court Registrar Esther Nyaiyaki confirmed that next Saturday is the last day for the court to deliver its decision, the Easter holiday notwithstanding.
“The court has been working round the clock, and we are not taking into consideration public holidays because this is very important issue, and the ruling has to be delivered on time,” she said.
Mr Odinga’s petition challenges the Independent Electoral and Boundaries Commission’s (IEBC) March 9 declaration of Mr Kenyatta as President-elect.
Mr Odinga faults the IEBC electronic voter registration system arguing that the process was compromised right from the procurement of the BVR kits, the electronic voter registration and transmission of results to the declaration of the winner.
He states in his petition that the elections were flawed because the IEBC violated provisions of Article 2, 10, 38, 73, 81, 86, 136 and provisions of Sections 59, 60, 61, 62, 74, 79 and 82 of the Elections Regulations.
Mr Kenyatta, in response, accuses Mr Odinga of trying to carry out a constitutional coup through the Supreme Court. Deputy President-elect William Ruto and the chairman of the electoral commission, Mr Issack Hassan, have also filed responses to Mr Odinga’s petition.
All the respondents are seeking to have the petition dismissed on grounds that it is “replete with falsehoods and exaggerated facts”.
Mr Hassan said the election was neither a “sham” nor a “travesty” as Mr Odinga’s Cord Coalition alleges.
The Sunday Nation established that lawyers for the two parties spent the weekend putting final touches to their arguments ahead of Monday’s sitting.
Mr Odinga is represented by veteran Nairobi advocate George Oraro who leads a team of about 20 lawyers.
Mr Kenyatta is represented by the law firm of Ogeto and Otachi Advocates led by city lawyer Fred Ngatia. Mr Ken Ogeto, teaming up with Mr Karim Khan, represented former head of Public Service Francis Muthaura who was last week acquitted of charges of crimes against humanity by the International Criminal Court.
Other than Mr Odinga, three voters are seeking the court’s guidance on whether rejected votes should constitute the total votes cast in the presidential contest.
And a third petition by civil society group, the African Centre for Open Governance (Africog), questions the IEBC vote tallying process.
- Sunday Nation
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