Lawyer Kithure Kindiki has informed the Supreme Court that the four members of the National Security Advisory Council (NSAC) delegation were aware of the presidential election results before meeting with Independent Electoral and Boundaries Commission (IEBC) Chairman Wafula Chebukati.
Kindiki argued in the affirmative, stating that the NSAC team was aware of the outcome ahead of time, while Senior Counsel Oraro asked the court to dismiss the claim as a political statement lacking sufficient evidence.
“By the morning of August 15, Chebukati had issued letters to all presidential candidates and their families to be at the National Tallying Centre for the declaration of results at 3pm. Therefore, by the times these four state officers went to the National Tallying Centre, they knew that the verification and tallying had been completed, and what was pending was the declaration of the final results,” Kindiki said.
Kindiki said the four-man team went to the National Tallying Centre in an attempt to persuade Chebukati to change the results because they knew the original one did not favor the candidate they favored.
However, lawyer Oraro argued saying that Chebukati confessed in his own affidavit before the Supreme Court that the full tally of the results was not available at the time he met with the security council.
He also asked the court to order Ruto’s lawyers, led by Kindiki, to submit substantive proof to the claims, failing which the case should be dismissed.
“The orders we are seeking is for this court to dismiss the allegations by the second respondent which have not been accompanied with a sufficient level of evidence to justify proof beyond reasonable doubt as required by the Constitution and as determined by this court in advance. And that evidence is beyond the political statements which have been made by my learned friend, Kindiki, which have never been put on record,” Oraro said.