The electoral agency’s lead counsel Githu Muigai has argued that there is nothing like a perfect election.
Muigai said that his election was the fairest and all observers came back with one conclusion that it was a transparent election.
However, he said there were a few errors but that does not warrant the nullification of the results.
“Were the few errors of a magnitude to allow this court set aside the election? Our answer is no,” he said.
He also urged the Supreme Court not to nullify the ongoing presidential results through bad flaws as petitioned.
He told the seven-judge-bench that if they rule in favour of the petitioners, it will mean that every Member of County Assembly (MCA), Member of Parliament (MP), Senator and governor are not properly elected and the whole government of Kenya should be constituted afresh.
He claims that there were more than three elected governors in the court, more than four Senators and four Members of Parliament (MPs) elected under the August 9 elections.
He emphasised on the elected politicians being contend by the same results declared by their respective elective positions, alluding that if they are, how then the same election according to them is irredeemably flawed?
“There is nothing wrong with either IEBC or the chairperson Wafula Chebukati. I agree that there is something very wrong in the way aspirants and persons who participated in the electoral process accept winning or losing. After the annulment of the presidential election in 2017, the electoral body did an overhaul to its entire electoral process procedures under court guidelines as directed. The petitions before you have nothing to do with legal lacuna,” argued Muigai.
Githu asserted that there was a concerted scripted effort to undermine the whole process and ensure no declaration is made by the Commission.
He claimed that the sanctimonious self-righteous pompous pontification of the so called four commissioners are an afterthought and ought not to be listened to.
He cited similar incidents of attack on the IEBC chairpersons as a long history ranging from preceding commissioners among them Zacchaeus Chesoni, Kivuitu, Ahmed Issac, and now Chebukati.
Githu said the pattern is similar as either of them has left the office without alignment.
“Whether it was a perfect election or not? No, there is nothing like a perfect election. Neither IEBC nor Wafula Chebukati did anything wrong. How aspirants or participants accept winning or losing is wrong,” Muigai reiterated.
Githu concurs with all the observers concluding that the process was open and transparent. He claimed that this petition should be about facts, one about what happened. He further argued that the petition is entirely about numbers as all the petitioners have tried to argue every other point except numbers.
Githu claimed that he had observed a peculiar nature of proceedings within the court stating that there are persons who have sworn affidavits but are not available in court to be cross-examined on their allegations
Githu questioned whether the few errors admitted by IEBC of a magnitude should allow this court to set aside the election.