George Oraro,former AG Amos Wako,Mutula Kilonzo,James Orengo,Ababu Namwamba among others appointed in CORD poll petition Legal team



Reforms and Democracy (CORD) has
appointed a team of lawyers who will
spearhead their petition to contest Uhuru
Kenyatta’s election as president.
The team will be led renowned lawyer
George Oraro with cabinet ministers Mutula
Kilonzo, James Orengo and Ababu
Namwamba and former AG Amos Wako
being part of the legal team.
The Coalition for
Others are Gitobu Imanyara, Pheroze
Nowrojee, Chacha Odera, Ambrose Rachier
and Paul Mwangi.
The three ministers will only provide
technical support and advice to the team
and will not be appearing before the court
as litigants, since the law bars ministers
from representing clients before court of
law.
Oraro was Minister Henry Kosgey’s lead
lawyer in the ICC case which is credited for
having been successful to help the minister
to be cleared by The Hague based court.
CORD is planning to move to the Supreme
Court on Monday morning to lodge their
case, in which they are seeking to have
Uhuru’s declaration as president-elect
nullified on grounds of anomalies that
marred the poling and vote tallying
exercises.
The coalition led by Raila Odinga argues
that figures of votes attained by Uhuru
were inflated in hundreds of thousands
especially in Jubilee strongholds while they
were denied their votes in Cord
strongholds.
On Sunday, they lawyers who have been
meeting since Saturday were finalising
their papers and pieces of evidence to
provide their case in court.
The Cord will be moving to the Supreme
Court of Kenya which is established under
Article 163 of the Constitution.
It comprises of the Chief Justice, who is the
president of the Court, the Deputy Chief
Justice, who is the deputy to the Chief
Justice and the vice-president of the court
and five other judges.
However, currently, the court does not
have a deputy chief justice following the
resignation of Nancy Baraza on grounds of
misconduct last year. Justice Kalpna Rawal
has been nominated to fill the slot but has
to wait parliamentary approval through
vetting.
The Supreme Court which is the only court
with exclusive original jurisdiction to hear
and determine disputes relating to the
elections to the office of President under
Article 140; is properly constituted for
purposes of its proceedings when it has a
composition of five judges.
Chief Justice Dr Willy Mutunga who is the
president of the court, and Judges Dr
Smokin Wanjala, Njoki Ndung’u, Philip
Tunoi, Jackton Boma Ojwang and Mohamed
Ibrahim will sit in the bench to hear Cord’
petition.
The court will determine if the Issack
Hassan led IEBC violated the law when the
electronic voter identification devices
failed and resorted to sue the manual
register to identify voters, and if the
collapse of the electronic voter tallying too
was a negation of the elections act.
Although, the commission admitted that
they systems had failed due to technical
problems, Cord believes this was
systematic to allow the interference of the
electoral process.
“What Kenyans witnessed instead was the
failure of virtually every instrument the
IEBC had deployed for the election: The poll
books, the servers, the telephonic
transmission, the BVR – they all failed
despite the billions spent on acquiring
them,” Cord leader Raila said.
Two days after the vote, the electronic
tallying was discarded and counting begun
afresh, manually.
“That too turned out to be a flawed
exercise in which, among other things,
there was massive tampering with the IEBC
Final Register of Voters. Voter registration
numbers were reduced in our strongholds
and added to Jubilee strongholds!” Raila
quipped on Saturday while reacting to the
announcement of Uhuru as president-elect.

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