Olago to Raila-concede defeat

‘Election petition test for Judiciary’

By Mangoa Mosota

Nairobi, Kenya: The decision by Prime Minister Raila Odinga to move to the Supreme Court to challenge the presidential results is a test to the Judiciary’s independence.

East Africa Law Society president James Mwamu said the Supreme Court had not handled a case of such a magnitude since it was established two years ago.

“It needs to consider issues that Raila has raised about the presidential tallying. It would turn to be its biggest case,” said Mr Mwamu.

He said the country’s highest court would set a precedent in handling of presidential poll disputes. On Saturday, the Premier said Coalition for Reforms and Democracy (CORD) would move to the Supreme Court to contest the announcement of Uhuru Kenyatta as president-elect by the Independent Electoral and Boundaries Commission (IEBC).

Raila said there were serious irregularities in the tallying of the presidential vote. He said the court would determine if the results announced by IEBC were lawful. Yesterday, Mwamu said it was apt for the PM to seek court redress as it would clear the air on many issues, among them failure of electronic equipment worth more than Sh10 billion.

“It would also enable us as a county to gauge whether it would just be a routine for losers who refuse to concede defeat to rush to court,” he argued. Rarieda MP-elect Nicholas Gumbo supported the PM’s move, saying CORD was seeking justice.

Legal battle

“We are sure that from our tallying there would be a run-off, but we were shocked with the results IEBC announced. Therefore, we have resorted to go to court as an avenue to get justice,” he said. However, Kisumu West National Assembly-elect Olago Aluoch said it would be appropriate for the PM to concede defeat.

“He would easily become a statesman if he let go. But the court battle might be bruising and might easily soil what he has achieved for the country,” argued Olago, who won his seat on a Ford-Kenya ticket and is a constitutional lawyer.

But ACK Mumias Diocese Bishop Beneah Salala said the presidential tallying by IEBC was questionable.