Lawyers for parties mentioned in the presidential petition at the Supreme Court challenging the outcome of the repeat poll have been perusing the documents word for word just in case there are hidden cards in the detailed filings.
Some legal teams are preparing to hand in their submissions ahead of Sunday’s 5pm deadline as ordered by Chief Justice David Maraga.
Zipo.co.ke has learnt that some of the seemingly harmless points in the petitions could be the points that the apex court judges may use to base their judgement.
Firstly, the violent demonstrations in areas perceived as Opposition strongholds in the run-up to the October 26 repeat presidential election and on voting day could be key to the petition filed to challenge President Uhuru Kenyatta’s victory.
Petitioners Njonjo Mue and Khelef Khalifa from the civil society are poking holes on the conduct of the election and are alleging the violence undermined its credibility.
Then there’s the issue of Form 32A that will be up for scrutiny, it is the statutory document a registered voter who is not able to be identified by use of biometrics is required to fill. The little known form will likely be at the centre of arguments on voter turnout.
In the court papers, the petitioners claim that the Independent Electoral and Boundaries Commission falsified the number of voters who turned out but could not be verified biometrically.
“In the audit conducted by KPMG of the Voter Register only about 5,000 voters were classified as having been registered without biometric records. In the fresh election the 2nd Respondent (IEBC) has claimed that there were about 1.6 million voters identified without biometrics. This is a huge anomaly in comparison with the KPMG audit and points to the existence of fraud,” Mue and Khalifa state in their petition as quoted by the Nation.
That said, the petitioners are praying that the Supreme Court issues “A specific order for scrutiny of all the Forms 32A and the polling day diaries prepared by the Returning Officers.”
If granted, the poll agency will be required to produce the Forms 32 as duly filled by voters who could not be identified biometrically.