Supporters of the Azimio la Umoja One Kenya Coalition were bewildered by the tough question directed to the lawyers of petitioners in the presidential petition yesterday evening during the conclusion of day one of Supreme Court hearings.
The lawyers, during a rejoinder session on Friday, are expected to prove key issues presented in their arguments, including how the conflict in the IEBC, voter turnout and the 50%+1. The seven judges of the Supreme Court bombarded the battalion of lawyers with tough questions.
The questions are as follows:
1. Did the four dissenting commissioners ever complain about Chebukuti’s misconduct before they walked out?
2. What are the ingredients to be satisfied before the Court can invoke Sec 80(4) of the Election Act as pleased by Azimio?
3. What is the relevance of spoilt votes in computing the presidential results?
3. Is handwriting capable of being changed in the form 34A?
4. Does the voter suppression as claimed by Azimio affect only the presidential election?
5. What is the relevance of the voter turnout in the presidential election?
6. Why couldn’t the dissenting commissioners protest against Chebukuti’s harassment on time?
7. What is the feasibility of the relief sought?
8. If the election is annulled due to Chebukati’s malfeasance, what is the most probable way to guard against the possible impending lacuna in the event Chebukati is impeached?
9. When did the Commission become dysfunctional and what were the corrective measures attempted?
10. When a photo is taken in its original nature and form from the polling stations, is it taken as a PDF?
11. What should be done as a corrective measure against the “rogue” chair of this “dysfunctional” commission and whether ignore the constitutional safeguards which are already in place as far as his impeachment is concerned?
12. If the actual winner is identified by the court, should he be declared?
13. If the Chebukuti is found culpable, what should be done? Should there be a repeat election in light of Article 251(2) of the Constitution?
10. To Kibe, how did he know that 700,000 people did not vote?
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