Wainaina sides with Uhuru in Nasa petition

Independent presidential candidate Prof Michael Wainaina took the side of President Uhuru Kenyatta and the electoral commission and told the judges that no evidence had been provided to prove Raila Odinga’s claims.

Through his lawyer, Harrison Kinyanjui, Prof Wainaina told the six judges at the hearing Tuesday that Mr Odinga had provided no “smoking gun” to prove that he lost the election unfairly.

Mr Kinyajui also pointed out the fact that Mr Odinga’s Chief Agent at the National Tallying Centre, Musalia Mudavadi, did not swear an affidavit to back his boss’ arguments.

Also unproved, he said were the assertions that the systems of the Independent Electoral and Boundaries Commission had been hacked into and the results manipulated.

ANALYSIS

He also presented along with his submissions an analysis of the allegations of hacking by George Njoroge from East African Data Handlers.

“Accosted of that lack of evidence, the petitioners have told you to revise down that threshold of Raila vs IEBC 2013,” said Mr Kinyanjui.

He also reminded the court of its decisions in the cases against the 2013 elections of Mombasa Governor Ali Hassan Joho, Nathif Jama in Garissa, the case by Ferdinand Waititu against Evans Kidero and the attempt to remove then Meru Governor Peter Munya.

Mr Kinyanjui argued that by bringing the petition, Mr Odinga and his team were abusing the law.

“My client is saying that it’s just about time we had respect for the rule of law,” said Mr Kinyanjui.

Prof Wainaina had 13,257 votes in the elections.

Mr Kinyanjui said that his client was convinced that the election was conducted within the law and was satisfied with the result.