Prof Kithure Kindiki accused Azimio La Umoja's senior officials of attempting to subvert the will of the people during the tallying and subsequent announcement of the President-elect at the Bomas.
Speaking at the Supreme Court of Kenya on Thursday, September 1, 2022, Kindiki stated that the chaos that was witnessed at Bomas was proof that the first petitioner Raila Odinga and Martha Karua's team was willing to overthrow the constitution.
The legal scholar, who was President-elect William Ruto's chief agent at the Bomas of Kenya added that the accused persons wanted to circumvent the Constitution and install Raila Odinga as the president despite the IEBC results suggesting otherwise.
"The chaos at Bomas constitutes nothing but an attempt to establish government unconstitutionally and the events of that day are an attempted but failed coup d'état," Prof Kithure Kindiki avered.
"The mob that soiled the image of our nation--including the conductors of the orchestra-are now before this court shouting loudest 'Release Barabas.' This court should stop Barabas from benefiting from his own malfeasance," he added, referencing the Biblical story where Israelites wanted a convict named Barabas to be released rather than Jesus who was set to be crucified.
He further likened the events that happened at the Bomas of Kenya on August 15, 2022, to the chaos that was witnessed in the US in January 2021 when the 45th President Donald Trump was defeated and his supporters stormed Capitol Hill.
"On August 15, a mob of people invaded the dais at the national tallying centre," he stated urging the SCOK judges to dismiss Odinga's petition.
Prof Kindiki also questioned why investigators from different agencies were dragging their feet in investigating the chaos and bringing the culprits to book.
"... to date, this heinous attack on our democracy remains unresolved and the perpetrators are marauding around the country and some of them are in this courtroom," he added.
Kindiki urged the Supreme Court to dismiss the petition on among other grounds that, the burden of proof in presidential petitions lies on petitioners, not respondents.
He further noted that the tallying process was done in the presence of all agents and no one should be declared the winner of an election they did not win.
According to Prof Kithure Kindki, although the results of the 27 constituencies were not read verbally by the IEBC they were posted on the commission's server and can be accessed.
Among other issues that Prof Kithure Kindiki addressed was the petition by Attorney General Paul Karikuki Kihara whom he referred to as a pseudo petitioner.
"When I listened to the AG with all due respect, I clearly thought we were listening to another petition. I think he fell short of saying he is supporting the petitions," he stated.
The Supreme Court will issue its verdict on Monday, September 5.
