In their own words: What Raila Odinga's lawyers told Supreme Court

James Orengo

• This grievance that we place against you, the highest court in the land, is not just a conspiracy theory. It is not just any ordinary event if you looked at the evidence that is placed before you in totality.
• We invite you, my lordships and my ladies, to come to the conclusion that what happened on the 9^th of August and the subsequent events that followed on the 15^th of August mark a pattern of violations against the constitution
• Today we have something that has never happened in this country. That we have a commission that is divided right in the middle. That speaks to a dysfunctional constitutional body.
• Indeed the tower of Babel has been brought down by the appearance of two factions within the commission before your lordships and my ladies.
• There is evidence of interference, if not invasion, of the infrastructure and technology of the IEBC.
• If the total number of voters that take part in an election does not agree with the votes that are counted as votes cast, then it means the results of that election are not accurate, accountable and verifiable.

Paul Mwangi

• Political scientists say that power that is unjustly acquired will never be justly given. So if you want to have a legitimate transfer of power in a country, you must ensure that that power is also known to the public and to the person who has acquired it that it was legitimately obtained.
• It is our position that Mr Wafula Chebukati has disrespect to the constitution and has been unable to secure the legitimate result of an election that was conducted.
• What the chairman (Chebukati) has attempted to do is to install himself as a new age supervisor of elections, totally emasculate the role of all other commissioners and you now have a decision that is his supported by a minority of the commission.
• The power given to the chairman of IEBC to declare the results of an election in no way gives him the power to decide what that result would be.

Julie Soweto

• We would like the court to consider, for example, Kirinyaga County, where the discrepancy between the presidential votes and the governors' vote was 23,550. The only answer given by the respondent is that these were stray ballots. What is given as stray ballots for Kirinyaga alone yields 33 stray ballots per polling station for Kirinyaga County which we submit is not possible
• It is our contention that what the IEBC set out to procure is not what they procured in the first instance. Therefore, we cannot even match the forms that we have and those that have been provided in the election to what they had set out to procure.
• What was observed is that the forms that agents have and those in the portal are the same in the same feature. They have the same serial numbers, they are embossed using the same stamps, they are signed by the same agent, presiding and deputy presiding officers. However, the figures in the forms have been tampered with and are different.
• In this election, the IEBC had provided a clerk whose sole duty at the polling station was to ensure voters placed their ballot papers in the right box. Therefore, the incident of such a high number of stray ballot papers cannot be explained and has not been explained.

Zehrabanu Janmohmed

• It is very sad that when wanjiku or in this case, John Njoroge Kamau, comes to court, he or she is immediately vilified and stigmatized. Yet, all he is doing is exercising his constitutional duty and following the law; never wanting to go back to where we were about 15 years ago.
• My ladies and my lords, this is a voter watching this (split in IEBC) unfold in the public. His simple question is: 'Did my vote matter? Was it Chebukati's result or an opaque result?'
• I am curious myself. Where did my vote go? Did it go anywhere? Or was it not there?
• The framers of the constitution knew exactly what they were doing because of where we had come from culminating in 2007. Hence, the declaration was to be done by the chairperson but the verification and tallying, if they wanted it done by the chairperson, they would have said it.
• If he says he (Chebukati) can do it (verify), why do we need a commission of seven people? Why do we waste taxpayers' money on a commission of seven people?
• Sh30 billion on an election and this is what we have got? It is a very sad state of affairs we are in.
• Sh30 billion later, we can't get an election right because there is a mix-up of ballots.

Philip Murgor

• Smartmatic, by strange coincidence, is reportedly marred in several controversies in the management of election technologies around the world including Venezuela and the Philippines perhaps that makes them unqualified to most of us but makes them eminently qualified for the fraudulent objectives of the 1^st and 2nd respondent.

Pheroze Nowrojee

• How is it that every 5 years under the Chairmanship of this officer (Chebukati) we have a crisis?
• This (Chebukati) is a practised artist of the destruction of our institutions because that is what happened, he did it in 2017 and was caught, when the court ordered him to disclose more things he disobeyed it
• Today, unlike before, protection of the sanctity of the institutions cannot be done in the streets, it's done in the courts, by the Judiciary. If courage isn't mustered to correct the wrongs, then everything will fall apart