National Super Alliance (NASA ) Chief Executive Officer (CEO) Norman Magaya has divulged why the Supreme Court led by Chief Justice David Maraga will nullify President Uhuru Kenyatta's win again.
Basing his argument on the Supreme Court decision of September 1 that an election is a process, Mr Magaya noted that "If we are to go with that, I think the case before the Court now is slightly stronger than the case that was there in August.
He elaborated this by stating that the Independent Electoral and Boundaries Commission (IEBC) led by Chairman Wafula Chebukati engaged in grave breaches of the Constitution.
"They did what was convenient as opposed to what was legally required. If the Court applies that philosophy to an election is a process, the petitions will succeed," Mr Magaya conveyed.
Second, he expressed confidence that the Maraga team would stick to the established jurisprudence that in conducting the election, you must strictly abide by the dictates of the law, before anything else.
[caption caption="James Orengo and Norman Magaya"]
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"And the question you ask yourself is whether the election conducted by Chebukati on the 26th of October complied with the Constitution. And the answer is No," he stated.
Third, the NASA CEO noted the IEBC breached the section 44 and section 39(C) which dictates that the results should be electronically transmitted in a prescribed form to the constituency and national center.
"Did the IEBC comply with that? The answer is No. IEBC resorted to a manual process that is not contemplated in law," he noted.
Finally, Mr Magaya noted that Chebukati led team ignored the law by having Presidential Candidate Cyrus Jirongo's name on the ballot even before they gazetted him as the candidate.
[caption caption="Raila Odinga and Norman Magaya"]
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"So they were not even sure which candidates they were managing for purposes of the repeat election, the IEBC voter register remained a moving target. They could not even trail the number of people who turned out to vote," he noted.
