Prime Minister Raila Odinga addresses a news conference in Nairobi on March 16, 2013. Mr Odinga said he would challenge Uhuru Kenyatta's win in the General Election. He is flanked by Kalonzo Musyoka (left) and other Cord leaders. Photo/JENNIFER MUIRURI
What you need to know:
Raila Odinga has filled a case in which he prays the court to cancel the poll results and order the Independent Electoral and Boundaries Commission (IEBC) to conduct fresh presidential elections.
The Coalition for Reform and Democracy (Cord) has Saturday filled a poll petition at the Supreme Court challenging the result of the presidential elections which handed Uhuru Muigai Kenyatta the victory.
Raila Odinga has filled a case in which he prays the court to cancel the poll results and order the Independent Electoral and Boundaries Commission (IEBC) to conduct fresh presidential elections.
Mr Kenyatta was declared winner on Saturday March 9, after garnering 6,173,433 votes against Mr Odinga's 5,340,546 but Cord disputed the result.
Mr Odinga, the petitioner names respondents as the IEBC, commission chairman Isaack Hassan, Mr Kenyatta and deputy-president elect William Ruto.
“Order of cancellation of the certificate of election as the president-elect of the Republic of Kenya issued by the first respondent (IEBC) and second respondent (Mr Hassan) to the third respondent (Mr Kenyatta) at the just concluded presidential elections,” asks Mr Odinga in the court document.
Cord claims that Uhuru Kenyatta did not garner the requisite 50 per cent plus one vote of the total ballots cast to make him declared a winner in the first around.
Further Cord says that the IEBC failed to follow proper electoral system and voting process as required in the law.
Cord says there were a number of polling stations across the country where valid votes cast exceeded the number of registered voters. Some of these polling stations where Cord has identified are in Tiaty, Laisamis, Igembe Central, Buuri, Chuka, Iburi Igamba Ngombe, Lari, Kapenguria, Saboti, Turbo, Marakwet West, Kajiado West, Bomet East, Mt Elgon, Langata and Aldai constituencies.
According to Cord, the total number of listed voters published by IEBC on February 20 after completion of the clean up of the register was 14,267,572 yet the number given on March 9, when declaring the result was 14,352,533.
Cord says the failure of the Biometric Voter Identification (BVI) and Biometric Voter Registration (BVR) all intended to make the exercise transparent and free of any malpractices casts doubt on the process.
The Supreme Court has fourteen days to hear and determine the petition. According to the time line issued by Judiciary based on the law, the registrar is expected to publish the petition within the first three days of filling the petition.
The petitioner, Cord, is also expected to serve the respondents within the first three days of filling the petition and the respondents to file and serve their responses within three days of service. The pre-trial will take place on the 9th day from the date of filling of the petition.
The hearing will take two days and the Supreme Court judges will deliver their verdict on or before the 14th day from the day the petition was filed.
According to High Court Registrar Gladys Shollei the judges can give their verdict and write their reasons later.
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Note: The results are not exact but very close to the actual.
