Busia senator-elect Okiya Omtatah filed a petition to the Supreme court on Monday 22nd challenging the validity of the 2022 presidential results where Dp Ruto was declared president-elect by the Independent Electoral and Boundaries Commission chair Wafula Chebukati.
According to Omtata’s petition, none of the presidential candidates attained a 50% plus one vote threshold as required by Article 138(4)(a) of the constitution.
He argues that Ruto managed to get a total percentage of 49.99, Raila at 48.37%, Wajackoyah at 0.43%, and Waihiga at 0.22%.
He further argues that the enumeration of the presidential results by the IEBC was mathematically incorrect and that the constitution leaves no room for any margin of error yet the results released by Chebukati had a deficit of 140,028 untallied votes.
“We seek for an order quashing the results of the presidential elections announced by the Chairman via Form 34C dated 15th August 2022, quashing Form 34D (the election Certificate) issued to the purported President-elect on 15th August 2022, and quashing the declaration of persons elected as president-elect and deputy president-elect announced by the Chairman.” Says part of the petition.
The senator-elect observed that the total number of registered voters for the 2022 General Election was tallied at 22,120,458 but during the announcement, Mr. Chebukati gave out a total of 14,326,641 votes which constituted 14,213,027 valid votes and 113,614 invalid votes.
This figure (14,326,641) which was announced by Mr. Chebukati when compared to the total number of registered voters in terms of percentage brings a total of 64.77%.
Mr. Omtatah noticed that when announcing the results Mr. Chebukati said the total percentage of voter turn out compared to voters registered was 65.4 which he explained are votes from the functional KIEMS kits only (The IEBC commission authorized the use of manual register in 84 polling stations in Makueni and 154 polling stations in Kakamega)
Mr. Chebukati goes further to explain that taking the 65.4% announced by Mr. Chebukati as the verified KIEMS kit turnout and multiplying it by the total registered voters to get what figure it stands for you get a figure of 14,466,779 as the voter turn out verified by the KIEMS kit (remember this figure could only increase, it cannot go down whatsoever considering that’s the KIEMS kit figure only and there are other places where the manual register was used) yet Chebukati gave the results from a total of 14,326,641 votes.
He finally says that a summation of 140,138 votes which weren’t tallied plus the valid votes announced by Mr. Chebukati (14,213,027) brings a total of 14,353,165 valid votes.
This figure equated to the total number of votes received by each candidate brings a percentage of 49.99% for Ruto, 48.37% for Raila, 0.22% for Waihiga, and 0.43% for Wajackoyah thereby none of them meeting the 50% plus 1 vote threshold as required by the constitution.
BY EMMANUEL ODHIAMBO