When the Supreme Court gave the orders for fresh elections, they ordered the IEBC to ensure the new elections are held in strict compliance with the constitution and the laws of Kenya as regard to a presidential election.
During the hearing of the August Petition, many were worried about the approach of the legal team for Raila. While we all knew the elections had been rigged, without the open IEBC servers, no one had evidence to present to the Supreme Court on how many votes were rigged in what areas.
The Orengo led team instead focused on the process of the election not the numbers and in agreeing with them, The Supreme Court confirmed that the election is not the resultant numbers regardless of how flawless the computation was, an election is a process.
This process has been clearly and carefully defined in the Constitution and the laws of Kenya. It is this part that the Uhuru team keeps forgetting. No one is interested in numbers derived out of a flawed process.
What Jubilee and Uhuru instead got from the Supreme Court was more numbers. Elections in 60 days. You must win the vote.
It is for this reason that the IEBC ignored the laws in several instances as they charged the country towards another flawed election.
Crippling the Supreme Court from determining the legality of the election was a terrible mistake. They assumed the effects of Akombe’s resignation and Chebukati’s subsequent press conference the following day.
3 days after the election, without enough votes to substantiate the August numbers they entered a new phase of faking everything including the voter turnout and the number of votes received.
They ignored the law on transmission of results, pushed ahead with KIEMS kits having only one candidate, Uhuru Kenyatta as Raila Odinga had withdrawn -and they so rightly admitted at the Court.
To them, it did not matter that more than half the country did not vote, that in more than 27 Counties the turn- out was below 10%, that in more than 25 Constituencies, voting did not take place at all.
What mattered as Ruto told the CNN and later Al Jazeera, 91% of the people who voted Jubilee in August did so again in October. That Jubilee got 98% of the vote. That Raila withdrawing makes him not party to the election process.
The Supreme Court is the Apex Court whose top job is to safeguard, protect and interpret the constitution, not to agree with anything for the sake of moving on.
From the August elections, IEBC was told not to just present numbers that do not even add up. The Supreme Court is not a maths class for computations, but the last line of defense against saboteurs of our democracy and laws.
If anyone were to measure the standards of the last two elections, the August elections will be far much better than the October one in terms of a coup. At least, that one, with all the murders was somewhat saleable. The October one fails terribly.