SC James Orengo appeared before the Supreme Court Judges on Wednesday on behalf of First Petitioner in the just concluded presidential elections.
Governor Orengo handled issue number six,which is one of the nine issues Supreme Court will consider in suit contesting presidential poll results. The issue is whether the IEBC Carried out the verification, tallying, and declaration of results per the provisions of articles 138(3)C and 138(10) of the constitution.
Article 138(3)C indicates that after counting the votes in the polling stations,the Independent Electoral and Boundaries Commission shall tally and verify the count and declare results.
Article 138(10) says within seve days after the presidential election, the chairpersons of the Independent Electoral and Boundaries Commission shall;
a) declare the result of the election; and
b) deliver written notification of the result to the Chief Justice and the Incumbent President
SC James Orengo said that if the total number of voters that take part in elections and number of total votes cast do not agree then the results are not accountable. Hon.Orengo said the mathematical errors were done deliberately to advantage William Ruto.
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The Siaya Governor further said there was a system vote deduction from Raila Odinga and addition of the votes to Ruto,but the number of votes cast remained the same. A case study of Chepalungu Sub County.
“The tower of babel has been brought down by the appearance of 2 factions within IEBC. This has created a situation where no Kenyan can believe that the pronouncement of William Ruto as president elect came out of circumstances as envisioned in the constitution. We ask the court to nullify the elections on the basis that the second respondent (William Ruto) did not attain 50%+1 of the votes.”James Orengo said
SC Orengo also added that the dividend Electoral Commission is dysfunctional and cannot conduct a credible election.