Kenya – Odinga files Supreme Court petition against election result

BBC

Raila Odinga files Kenya election appeal

Supporters of Raila Odinga attend a meeting to demand the Supreme Court overturn the result of the presidential election in Kenya (15 February 2013) Raila Odinga’s supporters say a massive fraud took place during the election

Kenyan Prime Minister Raila Odinga has filed a Supreme Court appeal against Uhuru Kenyatta’s narrow victory in the presidential election’s first round.

Mr Kenyatta beat Mr Odinga comfortably by 50.7% to 43.28% on 4 March, but avoided a run-off by only 8,100 votes.

But Mr Odinga has accused the electoral authorities of manipulating the result.

Police fired tear gas to disperse about 100 supporters of his Coalition for Reforms and Democracy (Cord) who had gathered outside the Supreme Court.

The police had warned them that they would not be allowed to do so.

Expect a new election, and this time around no monkey-business”  James Orengo Ally of Raila Odinga

Some of the crowd were wearing t-shirt bearing slogans including “I support the petition” and “Democracy on trial”.

The presidential, legislative and municipal elections held 12 days ago were the first since the 2007 poll which set off ethnic and political violence in which more than 1,200 people were killed.

Mr Kenyatta and his running mate, William Ruto, are facing trial on charges of crimes against humanity at the International Criminal Court (ICC) for allegedly fuelling the unrest. They deny the charges.

‘Strong case’

Lawyers for Mr Odinga said their petition to the Supreme Court included allegations of vote manipulation, as well as problems with the registration of voters and an electronic vote counting mechanism.

“These failures dwarf anything Kenyans have ever witnessed in any previous election,” Mr Odinga told reporters in Nairobi.

However, the prime minister urged his supporters not to resort to violence.

“We cannot begin what is supposed to be a new era under a new constitution in the same old ways,” he added, referring to the charter adopted in 2010.

The Minister of Lands, James Orengo, a key ally of Mr Odinga, said their party had a constitutional right to file the petition and a “strong case”.

“Expect a new election, and this time around no monkey-business. I think we’re going to win and win in the first round,” he told KTN TV.

“I can assure you that we have the evidence, and we have the will and the preparedness to prosecute the petition,” he added.

Mr Orengo nevertheless promised that Cord would respect the Supreme Court’s ruling if it went against the party, and urged Mr Kenyatta and his supporters to declare that they would do likewise. bbc

Nation

Cord has a strong case, says lead lawyer Oraro

orar

Cord’s lawyer George Oraro at the Supreme Court where he filed a petition challenging IEBC’s declaration of Uhuru Kenyatta as President-elect March 16, 2013. EMMA NZIOKA             

    By PAUL OGEMBA     Posted     Saturday, March 16  2013 at  11:36
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The Coalition for Reforms and Democracy (Cord) has said it is confident of of overturning the election of Uhuru Kenyatta as president.

Cord’s lead lawyer George Oraro said the coalition has enough evidence to prove its case at the Supreme Court.

“We (Cord) have a strong case and are sure we are going to overturn IEBC (Independent Electoral and Boundaries Commission) move to declare Uhuru Kenyatta as President-elect,” Mr Oraro said Saturday.

He said the IEBC had not provided all the information Cord needed but it had “sufficient evidence” to mount a strong case.

Mr Oraro said Prime Minister Raila Odinga is the petitioner in the case.

He named the respondents as IEBC, commission chairman Isaack Hassan, Mr Kenyatta and deputy-president elect William Ruto.

Mr Oraro said Cord has assembled five lawyers to argue its case before the Supreme Court. He said Cord was dissatisfied with the way vote counting was done and that party agents did not sign Form 36.

After court officials verified Cord’s documents, the legal team was asked to deposit one million shillings as security and Sh550,000 for advertisement in local media.

Civil society group, AFRICOG, also filed a petition challenging the tallying process at the Bomas of Kenya.  nation

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