In their submissions, the Azimio team, therefore, ask the court to declare null and void the declaration by IEBC chairman that William Ruto of UDA is the legally and lawfully elected president-elect by the form 34C dated August 15th.

The Azimio team demand the quashing of the election certificate form (34 D) issued to the “purported” president-elect following handed to him at the Bomas of Kenya on August 15th.

The Azimio brigade also demands the degazettement of persons declared as president and president-elect in Gazette Notice No.9773 dated 15th August 2022 and published in a special issue of the Kenya Gazette Volume CXXIV-No.163.

In their petition to the Supreme court, Azimio alleges that the form 34C used by IEBC chair Wafula Chebukati to announce the president-elect did not contain the comprehensive voter turnout of August 9th. A total number of 140,028 votes were untallied in the final results.

Secondly, the 140,028 untallied votes would have affected the final results of the presidential election bearing in mind none of the candidates had passed the 50%+1 threshold required by law to declare a president-elect after elections.

In the form 34C, William Ruto had garnered 7,146,140 votes against Raila Odinga who garnered 6,942,930 votes.

In this file, the IEBC will appear as the first respondent having been constitutionally mandated to supervise the elections as stipulated in the Elections Act. The mandate to tally, verify and announce the results of the presidential race falls squarely on the shoulders of the Independent Electoral and Boundaries Commission.

The second respondent is Wafula Chebukati .In his capacity as chairman of the commission, he is responsible for declaring the president-elect based on form 34C. He is also supposed to deliver a written notice to the incumbent president Uhuru Kenyatta and Chief Justice Martha Koome.

The disputed president-elect will appear as the third respondent in this petition.

Since the declaration of the president-elect and deputy president-elect, four commissioners have disassociated themselves from the results claiming they could not ascertain the credibility of the results due to their ‘opaque’ nature.