- Law Society of Kenya chair Eric Theuri said Raila Odinga has already stated in his petition that the electoral process did not follow the law
- Consequently, Theuri said, the Supreme Court would not declare Raila the winner if the process is found to have contravened the law
- Raila, in his petition challenging William Ruto’s win, has demanded that the Supreme Court declares him the rightful winner
Law Society of Kenya (LSK) president Eric Theuri has said it would be impossible for the Supreme Court to declare Raila Odinga the winner of the 2022 elections, even if scrutiny establishes that he won.
Speaking on KTN News on Monday, August 23, Theuri wondered how the apex court would announce Raila the winner, yet, the ODM leader, in his petition where he challenged William Ruto’s win, he has questioned the entire election process.
Flawed electoral process
According to the LSK president, the former prime minister cannot be declared a winner of the process; he has questioned its legality.
“You cannot persuade the court to declare you a winner when you have said the process did not follow the law,” Theuri said.
The LSK president pointed out that even if a recount of votes establishes that the Azimio la Umoja presidential candidate won the election, the Supreme Court will not use its powers to declare him the winner.
“Even if scrutiny is done and it’s found that you won, since you have already alleged that the election was not conducted in accordance with the law, then the court cannot declare you as the winner,” he added.
Raila want to be declared the winner
As TUKO.co.ke reported, the Azimio team, in the petition challenging Wafula Chebukati’s declaration of Ruto as the winner of the 2022 elections, made a raft of demands.
They want scrutiny of the rejected and spoilt votes and that they count towards the total votes cast and in the computation of the final tally of the presidential election.
They also want “an order be and is hereby made for the scrutiny and forensic audit of all the returns of the presidential election including but not limited to forms 34A, B and C”.
In the petition, Raila and Karua want the nullification of Chebukati’s announcement of William Ruto as the winner and a recount that will culminate in the naming of Raila and Karua as the president-elect and deputy president-elect, respectively.
