Why we [Azimio] didn't present more evidence to overturn Ruto's win, Raila explains

for Tv47 Digital March 19, 2023, 06:39 AM
Azimio La Umoja One Kenya Coalition during a public baraza in Kiambu County on March 17, 2023. PHOTO/RAILA ODINGA-FACEBOOK

In Summary

  • In an abridged ruling read out by Chief Justice Martha Koome, decision to uphold President Ruto's election win was a unanimous one by all the seven judges.
  • The judges sided with the respondents on all the nine key issues that were supposed to be answered during the presidential petition hearing.

Azimio La Umoja One Kenya Coalition leader Raila Odinga now says that they did not have enough time to collect evidence and materials during the 2022 Presidential Election petition at the Supreme Court.

Raila and his fellow Azimio leaders have been claiming to have new evidence and a whistleblower who can prove that the August 2022 Presidential Election was rigged in President William Ruto's favour.

And when asked -- by TV47's Elizabeth Mutuku in an exclusive interview on Saturday, March 18 -- why his lawyers did not present these said evidence and witness during the petition, Raila said that they got hold of them later after the petition had lapsed.

According to Raila, the time one is supposed to challenge presidential elections - as envisaged in the Constitution - is too limited for one to collect enough evidence for a case of such magnitude.

"Hatukuwa na ushahidi wakati huo, mda wa kukata rufaa ni kidogo sana, wiki mbili tu. Ndani ya hizi wiki mbili huwezi kutafta ushahidi wote ukapata. Lakini ushahidi ambao tulipata na ukatupiliwa na mahakama kuu umedhihirsha kuwa ni ukweli," Raila said.

Nonetheless, Raila insists that the evidence produced before the apex court during the petition was enough for the seven-judge bench to overturn President Ruto's election win.

"Mawakili wetu walionyesha kuwa kulikuwa na udanganyifu wa matokea. Kwa mfano, KIEMS kit moja ilitoa matokea katika kituo kimoja kule Mlima Elgon, dakika chache baadaye chombo hicho hicho kikatoa matokea ya shule moja kule Nyeri. Hii inawezekanaje?"

Supreme Court judges from bottom right (clockwise); Justice Dr Smokin Wanjala, Justice Isaac Lenaola, Lady Justice Philomena Mbete Mwilu, Lady Justice Martha Koome, Justice Mohamed Khadhar Ibrahim, Justice William Ouko, Lady Justice Njoki Ndungu. PHOTO/TV47 DIGITAL

'Not validly elected'

The former prime minister - who has since called for a mass action against President Ruto's government - also said that despite the Supreme Court judges directing the Independent Electoral and Boundaries Commission (IEBC) to allow access into its servers, they access was never granted.

"Hatukupewa nafasi ya kuingia kwa server, lakini kama matokea ilirushwa kwa njia ya runinga na ikaingi kwa server na umekata rufaa mpaka upewe fursa ya kuingia kwa hiyo server utoe ushahidi. Kampuni ta SMARTMATIC walitukataza kuingia kwa hiyo server.

"Sisi tulitumia wataalamu kutoka nchi za kigeni wakatumia ethical hacking ambayo inakubaliwa. Wakaweka vyombo vyao, wakaingia wakatoa matokeo. Hata mfanyikazi wa IEBC amesema hawezi kuona giza na akanyamaza, akasema atoboe ukweli," Raila added.

Raila added that the mere fact that the company refused to grant access to the election servers speaks a lot of what transpired during the August 9 2022 polls.

"Kama sisi tunasema uongo, fungua sever tuone. Tumgeundua kulikuwa na servers nne. Moja ilikuwa uholanzi, nyingine ilikuwa Venezuela, nyingine ikawa Bomas na la mwisho kule Industrial Area. Server ya Venezeula walikuwa wanapata matokea, wanatoa kura kwangu wanaongezea Bwana Ruto kisha wanamtumia Chebukati kule Bomas."

The Supreme Court dismissed Azimio's petition and upheld President Ruto's election win, with the judges unanimously ruling that Raila failed to prove his allegations.

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