National Super Alliance (NASA) lawyers in the ongoing Presidential election petition on Monday accused Cabinet Secretaries Eugene Wamalwa (Water), Mwangi Kiunjuri (Devolution) and Joe Mucheru (ICT) of displaying bias and, in some instances, intimidating voters to vote for Jubilee Party.
During his submission at the Supreme Court, Senior Counsel Okongo Omogeni stated that the three Cabinet Secretaries acted contrary to the law by being partisan yet they are public officers.
Lawyer Otiende Amollo added that unlike Interior Principal Secretary Karanja Kibicho who has defended his conduct, Mr Wamalwa, Mr Kiunjuri and Mr Mucheru have not explained why they took part in campaigns.
"The election is not about statistics but also about the process leading to elections.
"If the Constitutional provisions and other laws were violated, the numbers will matter not," he said.
During Monday's session in court, NASA was granted a 'read only' access to select data and equipment IEBC used to conduct August 8 poll and transmit election results.
In their submission, the opposition also presented the court with a formula they believe was used to rig the polls in favour of President Uhuru Kenyatta.
Making reference to NASA's ICT and Statistics expert Dr Nyangasi Onduwo, Mr Omollo said the formula used was: Y = 1.2045x + 183546, where Y represents President Kenyatta's votes while X represents NASA leader Raila Odinga's votes.
The formula, he said, results in a graph that defies statistics.
