Attorney General Kihara Kariuki dismissed claims that the National Security Advisory Council (NSAC) attempted to subvert the outcome of the presidential election in Raila Odinga’s favour.
Through his lawyer George Oraro, Kihara stated that the Head of Public Service Joseph Kinyua - who also doubles up as NSAC chairperson - visited the National Tallying Center to obtain the final tally of the presidential election results.
This is in contrast to earlier reports that the NSAC members were privy to the final results of the August 9 election and went to the Bomas of Kenya purposely to moderate the numbers.
"The evidence before you by the chairman was that he (NSAC chair) had gone to obtain the final tally only after he had met the Commission, the purpose of the meeting was to receive the final tally of the results," Oraro told the Supreme Court.
On the question of the independence of the IEBC, the AG argued that the NSAC is mandated to issue advice when necessary on matters of security.
"NSAC is a body comprised of all the heads of security organs in this country. Its purpose is to receive information on national security and give advice," he noted.
The attorney general had asserted that his appearance in the case is neutral, as opposed to previous petitions where attorney generals sided with the electoral commission.
Oraro was responding to the allegations made by IEBC and the third respondent (William Ruto) who stated that the NSAC wanted to manipulate the outcome of the election and subvert the will of the people.
According to Kithure Kindiki, a lawyer who is acting for William Ruto, the visit was aimed to alter the results of the final tally.
"All factors point to the conclusion that the four, by the time went to Bomas, they knew the results. By the morning of August 1, letters had been issued to the candidates to be at Bomas for the declaration," Kindiki stated.
Commissioners Abdi Guliye and Wafula Chebukati had also alleged that there were attempts from external forces to have the election results moderated.
The case challenging William Ruto's win is underway at the Supreme Court ahead of the scheduled adjournment on Friday, September 2 to pave way for the preparation of the final verdict slated for Monday, September 5.
