Lawyer Patrick Loch Otieno (PLO) Lumumba on Monday evening lit up the Supreme Court as he made his submission in defence of the Independent Electoral and Boundaries Commission (IEBC).
Known for his good mastery of English, Prof Lumumba started by dismissing the pleadings made by lawyers representing opposition leader Raila Odinga saying they suffered from "lack of focus and particularity.”
He then responded to each of the pleas that were made before the judges and asked them not to nullify the election results as the opposition had failed to prove beyond reasonable doubt that the election was flawed.
“The rule is that he who alleges must prove. What the petitioners have made is allegations…but have failed to prove,” he added.
Lumumba dismissed the formula presented to the court by NASA lawyer Otiende Amollo as Pythagoras Theorem and said no election is decided on the basis of such a formula.
Omollo had earlier tabled a formula that he alleged was used to rig elections.
Also read: NASA Lawyer Otiende Amollo Shows Supreme Court Judges Formula Used to Rig Elections
He also characterised the affidavits sworn by Mr Odinga and his team as full of hearsay and the case as built on stilts “that must collapse under the weight of evidence.”
From the affidavit, he said, only 15,000 of the more than 15 million votes cast in the election were contested.
“No court in the world has ever voided an election based on the minimalist approach.
These are petty grievances,” said Prof Lumumba.
One of his stand out remarks was when he again asked the court not to give in to the demands of the opposition and overturn the will of the people.
“Kenyans gave birth to a baby. IEBC's role is midwifery.
"The baby is alive and well. You are being asked to strangle the baby. Decline the invitation,” he said.
After he concluded his submission, CJ David Maraga told the well-known orator, “Mr Lumumba, you were clear,” to which Prof Lumumba responded, “May the Lord bless you.”
Here is the video courtesy of Daily Nation:
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