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Powers of IEBC Chairman on Electoral Process Will Form the  Basis of Presidential Petition-Lawyers

A day after Azimio Coalition presidential candidate Raila Odinga intimated that they will challenge the decision by Independent Electoral and Boundary Commission to declare his Kenya Kwanza candidate  William Ruto as president elect, constitutional lawyers are building issues that may form the basis of the petition in the supreme court.

Constitutional lawyer Shadrack Wambui says the issues raised by the four commissioners questioning why they were not involved in the final process of tally is vital and has basis.

“The court will have to shed light on various issues one ;  this declaration or the announcement of the winner is it a declaration that first be a subject of  discussion before it’s announced remember the declaration of who becomes president is also arrived mathematically, there is argument and reason to see there would be need for the commissioners to compare notes and arrive at conclusion whether this formula is correct or  incorrect.” He said.

He further stated that IEBC chairman Wafula Chebukati acted within his mandate by announcing the winner.

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“The chairman was very right he was within his mandate whether the announcement was done under duress or not …is now up the supreme court to judge whether the  process was okay or not.” He added.

Raila and his Azimio Team rejected the results citing irregularities.

Odinga  claimed that the law on the commission requires that a decision on any matter should be decided by a majority of the commissioners in a plenary and should not be an individual decision.

“Our view in Azimio is clear. The numbers announced by Chebukati are null and void and must be quashed by a court of law. There is no winner or president-elect. That was gross impunity,” Odinga  stated.

BY ALLAN OTIENO

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