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Supreme Court sits for mention of poll petition

Wednesday March 20 2013

PHOTO/FILE Supreme Court judges led by the President Dr Willy Mutunga (centre) shortly before the beginning of the case during the hearing into the case on gender at the Supreme Court in Nairobi, November 8th, 2012.

Supreme Court judges during the hearing of gender rule case at the Supreme Court in Nairobi, November 8, 2012. The court is sitting for the mention of three presidential election petitions March 20, 2013. FILE NATION MEDIA GROUP

By NATION Reporter

The Supreme Court is sitting for the mention of three presidential election petitions.

The first one filed by Prime Minister challenges the Independent Electoral and Boundaries Commission (IEBC) declaration of Uhuru Kenyatta as President-elect.

A second petition filed by three voters seeks the court's guidance on whether the rejected votes should constitute the total votes cast in the presidential contest.

The third one filed by civil society group, the African Centre for Open Governance (Africog), questions the IEBC vote tallying process.

The Supreme Court judges are Willy Mutunga (President), Philip Tunoi, Njoki Ndung'u, Jackton Ojwang, Smokin Wanjala and Mohammed Ibrahim.

On Tuesday, Mr Odinga filed a fresh petition at the Supreme Court seeking orders to compel the electoral commission to allow a forensic audit of its IT system.

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The PM filed the application under certificate of urgency, claiming the audit would be crucial in his main petition

Mr Odinga, through lawyer George Oraro argues that the IEBC has been giving conflicting and confusing reasons for the failure of the electronic system.

“IEBC has given conflicting reasons for failure of the Electronic Voter Identification, Biometric Voter Registration, Results Transmission System and Results Presentation System) and other electronic systems. There is urgent need for parties to place empirical forensic evidence to help the Supreme Court in making a decision,” said Mr Oraro.