CJ David Maraga has directed the court to hear a case scheduled for tomorrow notwithstanding that its a public holiday. This may have caught Uhuru Jubilee operatives by surprise who had celebrated CS Matiangi’s gazettement of tomorrow October 25th as a public holiday.
Case filed in Supreme Court by Lawyer Haron M Ndubi
Moments ago a case was filed before SCOK and Justice Maraga has satisfied it urgent and given direction that the petitioner to file written submissions and serve all respondents and presidential candidates who in turn to file their written submissions by 8.30 am tommorrow morning.
These submissions must be limited to 10 pages or less and of font 12 double spacing.
Looking at the petition I have a feeling that it has raised fundamental issues and may have a very high chance of success.
The errors/illegalities IEBC has committed since 1st September 2017 are many and some have crystalised the last few days. Just to mention a few:
1. Failure to gazette register of voters and within the required timeline which has since passed.
2. Several polling stations do not have the register displayed at the entrance of polling stations as required by law to be done.
3. The results transmission system has been changed and details shared in newspapers indicate ALPHA NUMERIC data has been removed and only scanned image of forms 34A’s&34B’s to be transmitted. This is contrary to the law and IEBC regulations. KIEMS gadgets only have the names of Uhuru&Raila thereby excluding other candidates.
4. Failure to carry audit of ICT system used in August elections despite approval by the same IEBC.Shows and confirms allegations by Akombe.
5. Asking Raila to fill form 24 which can only be done within 3 days of being nominated confirms that IEBC has weak legal minds.
This petition in my view will succeed especially if NASA buttresses these issues.
In conclusion,elections as envisaged by IEBC stood vitiated on the 10th October 2017 when Raila withdrew his candidature using paragraph 390 of SCOK ruling of 2013 read together with IEBC interpretation and basis of elections as at then.