Legal Proceedings and Submissions

Overview

• The pleadings presented are characterized by:
  • Lack of focus and particularity
  • Defective affidavit by Raila Odinga
• Allegations are made of procedural issues in the affidavits
• Article 159 considered a refuge for those on a fishing expedition

Petition Characterization

• The petition is described as an afterthought
• Initial reluctance to go to court due to perceived silencing of civil society
• Petition seen as a second chance for the Supreme Court to redeem itself

Key Arguments

Submission by Honorable James Orengo

• Petition is framed as the voice of the people of Kenya
• Focus on whether the petitioners have satisfied legal requirements
• Out of 15 million votes, only 23,000 votes are in doubt
• Argument based on "de minimis non curat lex" (law does not concern itself with trifles)

Submission by Otiende Amolo

• Distinction between numerical and non-numerical issues
• Argument that numbers do not matter in elections
• The importance of the electorate's will being expressed through straightforward voting
• Reference to Article 86 of the Constitution on election procedures

Legal and Procedural Issues

• Criticism of referencing outdated and irrelevant statutes
• Burden of proof lies with the petitioner to establish a prima facie case, which was not met according to the defense
• Critique of the method of introducing video evidence

Conclusion and Recommendations

• The election process described as compliant with the law
• The petition seen as lacking merit and should be dismissed
• Emphasis on the election as a process, not an event, and satisfying legal requirements
• Dismissal suggested on the grounds of speculation and lack of evidence

Additional Points

• Written submissions introduce new evidence, violating procedural rules
• The petition is considered "dead on arrival" and speculative
• Calls for the dismissal of the petition with costs to respondents

Final Remarks

• A succinct summary of the defense's position, requesting dismissal of the petition based on lack of merit and failure to prove allegations.