Wednesday, August 31, 2022 –Judges at the Supreme Court have tasked Azimio lawyers to respond to a series of specific questions before they(judges) can retire for a judgment.
Chief Justice Martha Koome today gave each of the seven judges a chance to express a concern or ask a clarification question to the petitioners’ lawyers.
And when Smokin Wanjala had his chance, he sought to know what figures Azimio la Umoja have at hand that shows they had beaten Ruto. He asked that despite virtual information having been hacked and compromised, what about the hard copies? Were they also tampered with through hacking?
“The original form 34A leaves the polling station to the tallying centre by road, its image goes to the same destination virtually. Somewhere it is compromised which means you would find different content. To determine this, you would need the physical form. Is it possible that the capturing that happened mid-air also somehow magically changes the content of the one that left by road?” Smokin Wanjala posed.
His colleague Justice Mohamed Ibrahim, sought to know how the petitioners want a recount, nullification, and finally declaration of the winner done. He doubted under which law could this be possible
He also asked the Raila-Karua lawyers to explain how judges could declare Chebukati unfit to hold public office because such jurisdictions belongs elsewhere.
“You want a fresh election to take place. One of the reliefs you are asking is that the Chairman of IEBC be declared unfit to hold public office, how is that possible? How do you want us to navigate that within the law? What is the de facto state under the law?” posed Mohamed Ibrahim.
The third judge Philomena Mwilu added weight to the same question by taking issue with the four dissenting commissioners led by Juliana Cherera.
“When did this commission become so dysfunctional? What corrective measures were attempted and with what result?
“What needs to be done as a corrective measure against the Chair and is it to ignore the constitutional procedures and safeguards already in place?” she asked.
Furthermore, Chief Justice Martha Koome found a similar dilemma in the prayers raised by Azimio la Umoja lawyers.
“How do we go about that? Should we make an order contrary to the constitution given that he also has a right of reply?” Koome asked.
The judges were reacting to a series of issues raised in the submissions today Wednesday August 31 by Raila’s lawyers led by Senior Counsel James Orengo.