Raila’s Push For Opening Of Election Servers An Excercise In Futility
The Mt Kenya Times 
Opposition leader Raila Odinga was flanked by co-principals Kalonzo Musyoka and Martha Karua
By: Joseph Mutua Ndonga
Worth Noting:
- Soon after the IEBC national returning officer declared the final results and the winner, Raila commenced the legal process of challenging the outcome.
- In a petition he filed at the Supreme Court of Kenya, he failed to prove claims that he had won this election but he was rigged out in a broad light.
- So, one would expect him to heed their call. Shelve the demand for opening of servers and instead focus on piling pressure on Kenya Kwanza government to address three other main issues; High cost of living; one man, one vote, one shilling and Minimum Guaranteed Return.
- Allow me to say this. I have been listening the views of a cross section of Kenyans.
A fortnight ago, I read a story featured by one of the mainstream newspapers (read The Standard) that focused on the push by the Azimio La Umoja One Kenya Coalition leader Raila Odinga to have the 2022 presidential election servers opened and subjected to forensic audit.
The big question here stood as. Does Raila stands any chance of overturning the elections outcome that saw Dr William Ruto declared as the winner?
The story had been built from the viewpoints of a cross section of legal and electoral experts.
Most of them had concurred. Raila was engaging in a futile excercise and hence wasting his time and energy.
He cannot reverse the outcome even if in unlikely scenerio it emerges he had won the elections.
President William Ruto will serve his entire term of five years.
In justifying and reaffirming thier position, the experts, who had been interviewed separately, asserted.
Soon after the IEBC national returning officer declared the final results and the winner, Raila commenced the legal process of challenging the outcome.
In a petition he filed at the Supreme Court of Kenya, he failed to prove claims that he had won this election but he was rigged out in a broad light.
He had presented to the court voluminous documents that were ferried by a lorry and it turned out none of them passed the test of the law.
After a thorough scrutiny, it was discovered some of the documents had misleading information and others contained data of previous elections.
The judges were closely monitoring these developments and captured everything into their laptops.
If a lawyer for any of the parties to the case made an argument that was not clear, they would immediately seek clarifications.
So, the bench had already formed their opinion by the time the hearing ended.
Come the day of judgement, the judges in unanimous decision ruled: The Azimio petition had been built from a cocktail of propaganda, rumors, half-truth, forgeries and perjury. Consequently, they dismissed all the Azimio prayers terming them as ‘hot- air) and upheld Dr William Ruto’s victory.
As Raila prepared to file the petition, he had assured his supporters that Azimio will respect The Supreme Court final verdict.
Well, this is not the first that Raila would shift the goalposts after he failed to have his way.
He had made similar moves after losing the elections of 2007, 2013 and 2017 respectively.
In the latter two polls, his petitions were again dismissed.
If you read and analyse all these judgements, there is a common thread. The judges of the apex court cited the same grounds.
Back to the legal experts, their opinions were guided by the law and constitution.
So, one would expect him to heed their call. Shelve the demand for opening of servers and instead focus on piling pressure on Kenya Kwanza government to address three other main issues; High cost of living; one man, one vote, one shilling and Minimum Guaranteed Return.
Allow me to say this. I have been listening the views of a cross section of Kenyans.
They aver that Raila is surrounded by highly qualified lawyers and so he fully understands the law.
But listening to him, he sound hell-bent on using extra-legal and extra-constitutional means to install himself as the president.
He had tried this before but his bid to stage a civilian coup would not bore the fruits.
Why does he think he can succeed this time? My unsolicited to him. If you are planning this, don’t dare.
President William Ruto and his Deputy Rigathi Gachagua are a no nonsense, tough and hardened leaders.
You cannot compare them with Presidents Mwai Kibaki and Uhuru Kenyatta.
So, they cannot allow you to use unconstitutional means to topple their government.
For now, Raila has only one option: Accept election defeat and move on.
President Ruto has been rallying you to support his proposal for the creation of the Office of Official Leader of Opposition.
I urge you to rethink your position and cede hardline stand.
If created, you will automatically become the pioneer holder of this office. This will give an opportunity to champion the course of Wanjiku (ordinary Kenyans) inside and outside parliament.
Joseph Mutua Ndonga is a writer and political analyst based in Nairobi
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