What the Petitioner (PM
Raila Odinga) is asking the
court to do:
1. Set aside the results of
the Presidential election as
announced by IEBC on
9 March 2013, and the
declaration of Uhuru
Kenyatta as President-elect
and William Ruto as Deputy
respectively, and declare
as null and void the whole
electoral process leading to
that declaration.
What the petition says:
· There was no free or fair
presidential elections.
Consequently no
government could lawfully
be formed by or from the
purported declaration on
9th March 2013, of Uhuru
Kenyatta and William Ruto
as President-elect and
Deputy President-elect
respectively, by the IEBC
and its chairman to the
dishonor of the Kenyan
· The voter register was
severally altered as to
make it difficult to tell which
one was used finally. For
the purposes of the 4th
March elections the
registration of voters was
carried out between
19November 2012 to 18th
December, 2012, at the end
of which the IEBC
announced that 14,337,399
persons had registered as
· In breach of the
mandatory legal
requirement, the IEBC has
falsely, unlawfully and
illegally in flagrant
disregard of the law and its
declaration of the result of
the presidential election
held on the 4th March, 2013
reflected the total number
of registered voters as
14,352,533 well above the
total number of registered
voters as the date of
closing of registration on
18th December, 2013.
Indeed, during February
2013, the IEBC announced
that they had discovered
approximately 20,000
persons who had double
registered in the December
registration, and
accordingly reduced the
register tally to 14,267,572
voters as displayed on its
website. The illegally
inflated March 2013
register exceeded this
corrected figure by some
85,000 voters
· The Petitioner avers that
increasing the number of
registered voters was
intended to permit the IEBC
to manipulate the
presidential election held on
4th March, 2013 and their
purported results and
declaration, on 9th March,
2013 was null and void.
That by abandoning the
process of electronic
identification at the polling
stations and releasing
results based not on the
safeguarded, agreed,
determined and credible
electoral process it had
promised and committed to,
and by which legitimate
expectations accrued, but a
process that failed so
significantly, substantially
and endemically, IEBC
effectively failed to reflect
the will of the Kenyan
people at the election.
· Arising from the acts and
omissions of the IEBC, Hon.
RailaOdinga and indeed the
people of Kenya, were
deprived of a free and fair
election devoid of
manipulation, an
expectation which was
denied, thereby irreparably
undermining the entire
process and result as
declared on 9th March,
· Because of the IEBC and
its chairman’s acts and
omissions, the electoral
process and the outcome
thereof is so flawed in so
fundamental and grave a
sense, taken together or
viewed separately, that it
is difficult to tell whether
the results were the true,
lawful and proper
expression of the Kenyan
people’s will.
· The EVID and BVR system
and the electronic results
transmission systems
adopted by the First
Respondent were so poorly
selected, designed and
implemented that they were
destined to fail from
inception, to the knowledge
of the IEBC; the failure and
collapse, on a catastrophic
scale on the polling day, so
fundamentally changed the
system of polling and the
number of votes cast,
owing to inordinate and
inexplicable delays at the
polling stations thereby
reverting Kenya to the
discredited manual system,
with all the attendant risks
and opportunities for abuse
and manipulation which in
fact took place.
· The IEBC and its
chairman’s purported
official tally of registered
voters inexplicably and
mysteriously grew
overnight by a large
proportion on the eve of
the election,
notwithstanding that
registration had closed
some thirty days and was
by law not permitted to be
opened or changed.
· The results as declared
and recorded by IEBC
contained wide spread
instances of manipulation of
the returns through
manipulation of Form 36 and
in some instances the
votes cast exceeding the
numbers of registered
voters, in flagrant breach
of the fundamental
Constitutional principles
(see examples below).



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