Lawyers representing Azimio la Umoja - One Kenya presidential candidate Raila Odinga and his running mate Martha Karua have filed the petition challenging William Ruto's win online.
According to Makueni Senator-elect Dan Maanzo who is one of the lawyers, the legal team has also served the parties involved in the case, online, before the 2:00 pm deadline.
"We have filed the petition online to avoid the story of people saying they have not been served. Once you have the online one filed and served to parties, then it becomes very easy for the parties to prepare for the petition," Maanzo said.
Raila and Martha are, however, expected to deliver the hard copy to Milimani Law Courts where seven judges of the Supreme Court will be sitting.
A source at the Supreme Court Registry has, however, told K24 Digital that the online petition process is yet to be completed, contrary to claims by Maanzo.
Azimio's case at Supreme Court
Raila and Azimio are likely to ask the Supreme Court to tally the votes of the presidential election results afresh.
Sources with Raila’s legal team yesterday told People Daily that the Azimio flagbearer was unlikely to ask the court to annul the election.
According to the sources privy to the affidavit being compiled by the Raila team, he intends to use four main grounds in the petition; the discrepancies in numbers in announced presidential results in Ruto strongholds of Mt Kenya and Rift Valley; manipulation of Forms 34A that led to the alleged posting of fake forms on the IEBC portal; failure to account for spoilt votes and the decision by Chebukati to run the affairs without involving his colleagues.
Raila has engaged a team of top lawyers who are scheduled to file the petition ahead of today’s 2 pm deadline. It is expected that the electoral commission, its chairman Chebukati, Ruto, and his running mate, Rigathi Gachagua, will be among those listed as respondents.
Over the weekend, lawyers representing all four camps were holed up in separate closed-door meetings to gather evidence, plan arguments and strategise on how to successfully prosecute or defend their respective positions.
The Supreme Court has 14 days, starting today, to hear and determine the case. It has at least two options; declare the election null and void and order a re-run, or uphold the results. However, these are not the only options available to the court as its verdict will depend on the prayers made by Azimio and Raila.
Raila and Azimio are leaving nothing to chance and have assembled a team of over 30 lawyers and experts to argue their case. The team will be led by, among others, new entrants, Philip Murgor, James Orengo, Otiende Amollo, Tom Ojienda, Pheroze Nowrojee, and Paul Mwangi.
UDA and Ruto, who also belong to the Kenya Kwanza Alliance, are reported to have hired Kithure Kindiki, Kioko Kilukumi, Katwa Kigen, Nelson Havi, and Muthomi Thiankolu to defend their position.
Most of the lawyers on both sides were involved in the 2017 presidential election petition and only a few new faces will be making a first-time appearance.