Kenya historic judgement dominate UTM, MCP submissions in Malawi poll case

A precedent-setting ruling by Kenya’s Supreme Court to annul the result of presidential election in 2017, citing irregularities, and ordered a new one, has been cited in final submissions to the Constitutional Court by presidential candidates challenging the re-election of President Peter Mutharika in May.

Lawyers of MCP, UTM submissions focus on irregularities that occurred in the election and how MEC failed to remedy those irregularities as required by law, saying the electoral body failed in its constitutional obligations.

The submissions by first petitioner Saulos Chilima and second petitioner Lazarus Chakwera, losing presidential candidates for UTM and Malawi Congress Party (MCP), respectively, cited Kenya where it was the first time on the African continent that an opposition court challenge against a presidential poll result was successful.

In the 41-page submission filed by Chilima’s lead counsel Dr Chikosa Silungwe, he cited the 8 August 2017 Kenyan election which the court ruled it had not been “conducted in accordance with the constitution” and declared it “invalid, null and void” as a reference point.

“An election is the most public display of people sovereignty, and citizens’ political rights under section 40 of the Constitution,” states Silungwe.

It states that the Kenya election case petition by Raila Odinga established key principles on illegality, irregularity and integrity of an election which Chilima has also demonstrated “the most glaring instances of irregularity” which includes use of altered results tally sheets, use of ‘duplicate’ results tally sheets, use of fake record log books, use of fake results rally sheets and use of tippexed results tally sheets.

In citing the Odinga Case (2017 ), Silungwe’s submission quotes the Supreme Court of Kenya stating: “The illegalities and irregularities committed by the Commission were of such a substantial nature that no Court properly applying its mind to the evidence and the law as well as the administrative arrangements put in place by IEBC ( Independent Electoral and Boundaries Commission) can, in good conscience, declare that they do not matter and that the will of the people was expressed nonetheless.”

The UTM Party submission also cites the Kenyan election verdict on intermediate standard of proof in election matters.

The Chilima petition also addressed the constant questions over how the irregularities affected the valid votes, noting that each time MEC was asked about fake, tippexed or duplicate result sheet or where the presiding officer did not sign a result sheet or record log book, they asked witnesses whether the valid vote count affected the votes.

“My Lady and Lords, you cannot have a ‘valid vote count when the result tally sheet which captures the purported elections data flouts the law or that the tally sheets amount to an (administrative) irregularity,” reads part submission filed by Chilima’s lawyers.

Chakwera’s submission filed by lawyer Titus Mvalo also cities foreign jurisprudence which include the Kenya Electoral Petition Number 1 of 2017.

The parties, separately, allege that there was non-compliance with electoral laws, and in that regard cite alleged vote tampering at polling centres, Constituency Result Tally Sheets, District Results Tally Sheets and National Tally Centre.

The submission says Malawi Electoral Commission (MEC), however, ignored evidence of such electoral fraud and irregularities; hence the electoral process was non-compliant with the Constitution and the Electoral Laws.

Chakwera’s submission says a total of 2 851 were altered with tippex, the correction fluid, and 2 285 manually crossed with ink, affecting a total of 2 137 888 votes.

A total of 279 fake or counterfeit tally sheets, affecting 337 757 votes, were used nationally. Some of the counterfeit tally sheets did not have personalised details such as district, constituency and polling station.

The lawyers for MEC and President Peter Mutharika, who is the first respondent in the case and was declared winner of the May 21 elections, are expected to also file final submissions in response to the submissions by the opposition challengers.

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Maunits
Guest
Maunits

We only need nullification and we do not want who will win the flesh elections. The Concourt is mandated to do that my new year will be like I am in heaven to see nullification of 21 May 2019 presidential elections results. May our Lord save Malawi.

Edward
Guest
Edward

Amalawi asiyeni ma judge agwire ntchito mwa ukadaulo wawo. Kuyerekeza ndi Kenya a country once involved in war scandle is just to give the judges mantha kuti mwina agamule mlandu pa zolings za anthu awiri opusa ofuna zawo zokha omwe ndi Lazao ndi Saulo anthu adyera mfiti za anthu

Kaitano
Guest
Kaitano

Kikkkkkk tangokahalani pheee ngati simukudziwa chilichonse nanu, hahahahhahahaha!

Mbwiyache
Guest
Mbwiyache

Edward ndiwe chitsilu anenapo zankondo mu submission yawo?? Just look at Kenya now how developed it is after court nullified the results

Patrick
Guest

Can someone help me here,am not seeing anywhere where it says after the court ruled for a rerun Odinga won The Kenyan elections,please help me with the reading guys.

Lego
Guest

It does not matter you fool.Why don’t you just shut up with your primitive mind.Your brain is full of water and you not a patriotic Malawian who is seeking justice and people’s will to prevail you stupid fool.

Madubeko
Guest
Madubeko

the best is you read the Kenyan Supreme court judgement that annulled the IEBC PPE results its in public domain google it

Top
Guest
Top

precisely and that is where you also see that Odingas team was thorough enough to provide empirical evidence in numbers that actually changed the votes. in terms of obvious figures that were different. they brought tally centre sheets and final announced results which were different. there was also a trend where in ODM strongholds voting started very late and ended early compared to Jubilee stronghold.

Kaitano
Guest
Kaitano

The ruling was in favor of Opposition, then Odinga decide not continue, seems what he was up to was to make sure that chilungamo chionekeeeeeeeeeeeeeeeeeeeeee

DOBO
Guest
DOBO

The Malawian political supporters fighting on social media with opinions. After going through MCP submission of about 127 pages and in addition to what I manage to listen during the court proceedings of 60 days, I can predict the outcome of court ruling if justice based on constitution of Malawi is to be followed.Just to highlight one area that caught my eye is the absence of commissioners who were supposed to provide evidence or oral documentary in this court case.If they are to delegate, they were supposed to do so with minutes accompanying the delegates in likes Alfandika.This is according… Read more »

Aubrey
Guest
Aubrey

Not the most corrupt in Malawi but the entire universe.
That recognition will also warrant certification.

John Gray Gufa
Guest
John Gray Gufa

Good opinion, and unfortunately, you were half baked to understand things

joseph
Guest
joseph

I I free the MCP submission cited constitutional and law sections violated well laid down

Nyaphapi One
Guest

I am lazy to read anything. I am just waiting for nullification.

Tan
Guest
Tan

unfortunately Kenya’s story is very different as the figures on their tally sheets were different from the ones being announced. Railas lawyers were very well prepared for this. They compiled this and in less than 2 weeks it was done. It didn’t even require IT gurus as it was as evident as day and night.

Aubrey
Guest
Aubrey

The word manipulation is very broad.

Xxxxx
Guest
Xxxxx

Foreign precedents are not binding to Malawi. 8 remember justice Mike tembo saying that. For example, in DRC fayulu requested nullification of the Dec 2018 presidential results due to irregularities and illegalities but on 19 January 2019, the concourt of DRC threw out the petition for lacking merit. So let’s not over focus on Kenya

Mr Truth Pains
Guest

We focus on Kenya bcoz Malawi and Kenya use the same law borrowed from our colonial master which is Britain while DRC u are citing use the law from Belgium as their colonial masters.

So they might have different meaning on irregularities in case u don’t have any idea why DRC was not cited upon.

Lego
Guest

DRC Judges were corrupted hence they did not take the way this case has been handled here in Malawi.Just to remind you,MEC and DPP did thought like what you are saying that once if the opposition parties will take the matter to court it will be thrown out without knowing that the judges had some other ideas.In the first place if you remember very well these lawyers for MEC and DPP were fighting the case to be thrown out so that they can just cruise.As the saying goes that ”ALL DAYS ARE NOT SUNDAY,”the case proceeded up to this point.

Jenala
Guest
Jenala

Inu muzasanduka mbuzi if judgement doesn’t go your way of thinking.

Madubeko
Guest
Madubeko

A precedent is a precedent it can be cited and applied but DRC uses Belgium type of rules while Kenya and Malawi apply British

chataika
Guest
chataika

Lets wait and see how our Judges will make their verdict on this. Do not waste ur time and remember the court thru their Registrar have reiterated that judgement will base on what ur thoughts rather they will go by evidence and what do the laws of Malawi say. So remain composed and be ready for any outcome tonse we are one and any leader who comes belongs to us all. Remember and take note; “no leader in multiparty system can be liked by all”.

Mr Edward
Guest
Mr Edward

Mec is guilty only of trying to run a perfect election. For the first time there was transparency and political parties witnessed key electoral processes including ballot printing. This was by far the most free and fair election we have ever had. Inde mavuto analipo monga ku mchinji, ku rumphi West ndi ku mulanje but in all material respects mec did well. Whatever went wrong mec can only improve.

Lego
Guest

The districts that you have mentioned that sounds up everything on what the opposition parties are fighting for.So I don’t even understand your point its like you are contradicting yourself.

Muheni
Guest
Muheni

A Lego muli pa chintchitotu. Muphulika ndi mtima

Khato
Guest
Khato

They stood for the truth and they shall forever shine as JUDGES! NEXT JUDGES ON LINE TO SHINE or DIM? YOUR IS CORRECT.