Ruto did not reach 50% + 1, Omutata says Ruto got 49.99%

Busia Senator-elect Okiya Omtatah has filed a petition challenging the validity of the presidential results in the August 9 General Election.

In his petition filed in the Supreme Court on Monday, Omtatah wants the presidential election to be annulled along with the announcement of the president-elect and vice-president-elect claiming that no candidate has passed 50% as required by the constitution.

Omutata also argues that the presentation of the presidential results by the IEBC was mathematically incorrect, claiming that there were at least 140,028 votes that were not counted.

"We request an order to cancel the results of the presidential election announced by the Chairman through Form 34C dated August 15, 2022, cancel Form 34D (Certificate of election) issued to the President-elect on August 15, 2022 and cancel the approval of the people elected as president-elect and the deputy president-elect as announced by the Chairman," reads part of the petition.

In a detailed explanation of his argument, Omtatah noted that Kenya's National Register of Voters, which was used in the presidential election, had a total of 22,120,458 registered voters.

He then said that on August 15, 2022 IEBC Chairman Wafula Chebukati announced the results that William Ruto was the winner after winning 7,176,141 (50.49%), Raila Odinga 6,942,930 (48.85%), George Wajackoyah 61,969, David Wajackoyah (0.48%) (0.48 %) 0.23%). This amounted to 14,213,027 votes that were listed as valid.

The total number of rejected votes was 113,614, bringing the total number of votes cast to 14,326,641.

Chebukati said that the number mentioned above, compared to the total number of registered voters which was 22,120,458, brought 64.77 percent of those who turned out to vote.

However, Omtatah pointed out that a different figure was released by the commission on August 9 after the official closing of the polls claiming that Chebukati said the number of voters reached 65.4%, "according to the evaluation of KIEMS equipment that worked during the election process. lots."

"The chairman further noted that 65.4 percent of those who turned out to vote were different from voters from polling stations where the KIEMS equipment was faulty and the Commission approved the use of the printed register of voters."

Omtatah claims that, according to the previous information, that the total votes cast should be 14,466,779 which means that some 140,138 votes were not counted.

The petitioner brought another argument, saying that the uncounted votes (140,138) should be added to the total number of votes included in the Chebukati form (14,213,027) to get the actual amount of all the totaled votes. This is a total of 14,353,165 valid votes.

So Omtatah noted that if the new number of votes is counted against the votes that each candidate got to get his percentage, none reaches the level of more than 50 percent.

He says Ruto will have 49.99%, Raila 48.37%, Waihiga 0.22% and Wajackoyah 0.43%.