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Crucial timelines from day of polls to Supreme Court ruling - The Standard , March 31, 2013
Nairobi,KENYA: The possibility of the presidential election results being contested in the Supreme Court was first reflected on March 7, when CORD presidential running mate Kalonzo Musyoka alleged the results were being doctored.
Kalonzo also called for calm and stressed that his remarks about the March 4 poll were not a call to mass action and that the party was committed to the rule of law.
“We have a number of concerns and we have evidence of results being doctored,” said the VP.
On the same day, the Independent Electoral and Boundary Commission (IEBC) through chairman Issack Hassan denied the claims.
The rigging claims were followed by dismissal of an attempt to stop IEBC’s manual tallying of results at Bomas by the High Court, which ruled it had no jurisdiction to hear any petition touching on presidential election.
Justices Isaac Lenaola, Weldon Korir and David Majanja dismissed an application by the African Centre for Open Governance (Africog), saying although the group had raised serious issues, it cannot take away the jurisdiction of the Supreme Court.
Below are the timelines on how things shaped up from March 4.
Kenyans go out to vote in the General Election.
IEBC resorts to manual tallying, calls the 290 returning officers to Nairobi.
CORD presidential running mate Kalonzo Musyoka alleges that vote results had been doctored. Kalonzo also called for calm.
African Centre for Open Governance (Africog)’s bid to stop tallying of the presidential ballot at Bomas is dismissed by the High Court.
IEBC declares Uhuru Kenyatta as President-elect and William Ruto as Deputy President-elect.
Uhuru delivers a victory speech at the Catholic University of Eastern Africa.
On the same day, Raila Odinga responds to IEBC declaration.
CORD files a petition seeking orders to compel the electoral commission and mobile operator Safaricom to release crucial documents required to file a presidential petition.
Head of the Raila Odinga Secretariat Eliud Owalo filed the petition at the Milimani Law Courts.
CORD petition filed by lead counsel George Oraro on behalf of Prime Minister Raila Odinga.
On the same day, Raila addresses the nation before filing petition.
High Court orders the IEBC and Safaricom to release election data to CORD.
Offering new figures to back up his claim, CORD leader Raila Odinga says the final tally was manipulated after he garnered 5.7 million votes against Uhuru’s 4.5 million.
Uhuru tells Raila to stop politicising the petition and wait for the verdict of the Supreme Court.
Uhuru and Ruto file responses to CORD petition.
Uhuru says IEBC conducted a free and fair poll.
On the same date, Chief Justice Willy Mutunga direct parties not to comment on the case outside court.
IEBC tells the Supreme Court to throw out the petition filed by Prime Minister Raila Odinga challenging the election of Uhuru Kenyatta as president.
Raila files response to the replying affidavits by the respondents.
Pre-Trial hearing starts at the Supreme Court
Court approves application by the Attorney General Githu Muigai to act as ‘a friend of the court’. It however turns down a similar request by the Law Society of Kenya (LSK). Court consolidates the three petitions and allows the petition filed by CORD’s Raila Odinga to be heard first.
Supreme Court orders scrutiny of Forms 34 from all 33, 400 polling stations and all forms 36 used in tallying of presidential votes. The court also orders the re-tallying of presidential votes in 22 polling centres.
Pre-trial conference enters second and final day
Court rejects application by Odinga for a forensic audit of the Independent Electoral and Boundaries Commission (IEBC) electronic tallying system.
Court also expunges a 900-page affidavit filed by Odinga because it was presented too late to allow respondents-IEBC, president-elect Uhuru Kenyatta and Deputy president-elect William Ruto, enough time to peruse it.
Re-tallying of votes as ordered by the Supreme Court begins at the Kenyatta International Conference Centre.
Hearing of the presidential election petition begins.
Key issues to be determined by the court include whether president –elect Uhuru Kenyatta and his deputy-elect William Ruto were validly elected, and whether the presidential poll on March 4 was conducted in a free, fair, transparent and credible manner.
The court would also determine whether rejected votes ought to have been included in the determination of the final tallies of votes in favour of the presidential candidates.
Court rejects application by the African Centre for Open Governance (Africog), represented by lawyer Kethi Kilonzo, to compel IEBC to produce the manual register used during the March 4 elections, on grounds that it was filed late.
Raila’s lawyer George Oraro begins oral submissions to the court.
Oraro concludes submissions to the court.
Lawyers Fred Ngatia, Katwa Kigen and Mohammed Nyaoga, representing President –elect Uhuru Kenyatta, deputy president-elect William Ruto and IEBC, respectively, respond to the petitioners.
Attorney General Githu Muigai makes submissions to the court.
Parties conclude oral submissions to the court.
Re-count of votes in 22 polling stations completed.
A review of forms 34 and 36 as directed by the court is also finalized.
Court hears arguments from parties on results of the re-tallying of votes in 22 polling stations as ordered during the pre-trial hearing. Court adjourns
The Supreme Court delivers the much-awaited presidential petition verdict.