Lawyer Kithure Kindiki now claims that the chaos witnessed at the Bomas of Kenya on August 15, was a coup attempt.
In his submissions before the Supreme Court on Thursday, Kindiki said the chaos was seeking to topple the role of the Constitution in the election.
"Those events and those activities amount to nothing short of a fragrant attempt to overthrow the Constitution of our country, to subvert the sovereign will of the people of Kenya, contrary to Article one of the Constitution," he said.
He added, "It is our view that those events amount to nothing but an attempt to establish government unconstitutionally... the events of that day are basically an attempted but failed coup d'état."
Kindiki said on August 15, Azimio agents and other state officials allied to Raila Odinga invaded the dais of the national tallying centre in a bid to interfere with the powers of IEBC to declare results.
The lawyer, who is representing President-elect William Ruto, regretted that the jurisdiction of the Court under Article 140 does not allow it to punish the acts of treason.
"But these events must inform the context in which the main petition and its offshoots out to be judged," he added.
He reiterated Ruto's prayer that the petitions be struck out saying they were a way for the chaos orchestrators to benefit from their own doing.
"This court should stop Barabbas and his mob from benefiting from their own maleficence... We pray that those petitions be struck out with costs."
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