By Wahome Thuku
KENYA: Deputy President-elect William Ruto’s lawyer Katwa Kigen said the petitioners indicated in their document that manual registers were available and were used.
“They have in no way shown there was no register and the existence of the register is to be treated as a fact and must be treated as good reference to show if voters were given right to vote,” said Kigen.
Ruto, who has supported Uhuru’s submissions in the petitions, argued that the law guarantees equal rights to all individuals.
“The administrative structure should not deny one a right to vote which is provided by the constitution,” Kigen told the judges.
He argued that the law presumes there was more than one register. “The law contemplates and expects more than one register,” he said.
Petitioner’s case
He said though the petitioner’s case is founded on the voting, there was no evidence that people who voted were more than the registered number or that any unregistered voter was allowed to vote.
“Section three of the Elections Act gives one right to vote if you are registered as long as you are a citizen, adult and registered,” he said.
The lawyer said as long as not proved otherwise, it should be presumed IEBC only allowed registered persons to vote.
He said it had not been shown by the petitioners that anyone was registered after deadline of December 18, 2012. “That allegation was made in passing by the petitioner. That speculation is not good to satisfy the court to allow the prayers sought,” Kigen said, adding that the allegation of fraud had not been proved.
