Busia Senator-elect Okiya Omtatah has joined Raila Odinga in court to challenge the outcome of the presidential election.
In a separate presidential petition filed at the Supreme Court on Monday, the renowned activist wants William Ruto’s win quashed.
Omtata argues that none of the candidates seeking to succeed President Kenyatta attained 50% +1 threshold as stipulated in the constitution.
Further, Omtata claims the tabulation of the presidential results by the IEBC was mathematically incorrect. He claims there were at least 140,028 untallied votes.
“We seek for an order quashing the results of the presidential elections announced by the Chairman vide 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,” the petition reads in part.
“A declaration that at least 140,028 number of untallied votes substantially affects the final results to the extent that none of the four candidates meets the 50% + 1 constitutional threshold.”
According to Omtatah, the percentage of voter turnout as announced by IEBC chair Wafula Chebukati does not add up with the results of the four presidential candidates plus spoilt/ rejected votes.
He calculated that the summation of the votes announced by Chebukati brings the percentage of voter turnout to 64.77, not 65.4 as seen in the KIEMS kit.
“Hence, the at least 65.4 per cent voter turnout from verified KIEMS kits, the minimum number of votes cast was at least 14,466,779. This number could only increase by the number of people who voted manually; it could not decrease by any amount,” the petition reads.
“This means that, because the Chairman did not factor in those who voted manually, there are at least 140,028 untallied votes (being 14,466,779 minimum cast votes minus 14,326,751 declared votes cast).”
According to Omtatah’s ‘Mazematics’, Ruto would have 49.99%, Raila 48.37%, Waihiga 0.22% and Wajackoyah 0.43%.
“From the workings above, it is clear that no candidate garnered 50 percent plus one vote as required by Article 138(4)(a) of the Constitution. Hence, there was no basis for the IEBC Chairman, as the returning officer, to declare any candidate as duly elected President of the Republic of Kenya as stated in Form 34C.”
