PM can't reap from his faults - Kigen

FRIDAY, MARCH 29, 2013 - 00:00 -- BY SAM KIPLAGAT AND JILLO KADIDA

DEPUTY president-elect William Ruto yesterday through his lawyer Katwa Kigen said Prime Minister Raila Odinga should not be allowed to benefit from his mistakes.

Kigen said Odinga was the coordinator and supervisor of government activities and should therefore not raise any objection about the propriety of the constitution's content and maintenance of the voter register because he was consulted at all times during the decision making process.

He said Raila in his petition has failed to prove that registered voters were denied the right to vote. He also said the allegation by the Cord leader that IEBC should have one register was not backed by law. He said the law provides for more than five registers.

Kigen said the only requirements in the law and the constitution for one to vote are that one must be registered and be a Kenyan adult of sound mind.

He said the court does not have the jurisdiction to invalidate the entire election process which includes the registration of voters, civic education, elections and declarations into various offices. He said the petition was full of speculation, unfounded claims and exaggerations of facts.

“To the best if our knowledge the elections met the test required by the constitution, statutes, precedents, equity and reasons. The elections, were simple, accurate, verifiable, secure, accountable and transparent,” he said.

In his petition, Odinga has argued that IEBC came up with a number of registers, which they used to manipulate results in favour of Uhuru Kenyatta.

His lawyer George Oraro questioned the use of the green book, special register and the principal register. He pointed out that these registers were only used in Rift Valley, Kiambu and Meru.

The allegations were dismissed by IEBC. The commission said the special registers and green books were used in the whole country.

Attorney General Githu Muigai said the court should only invalidate the results if it is proved that non-compliance with the law substantially affected the outcome of the presidential vote.

Githu said the court's decision could also have effect on other elections including those of governors, senators and members of the National Assembly.