This submission by Kethi Kilonzo before the Supreme court Judges nails down the argument that the election was not fair and hence a re-run of election is likely to occur :
Kethi D. Kilonzo, an attorney for the African Center For Governance, played a video for the Supreme Court that she said showed Kenyatta's vote totals increased between when some local polling stations publicly announced their counts and when those numbers reached the national tallying center.
One center, in Nyeri Country, said publicly that Kenyatta had won 53,252 votes, Kilonzo said. By the time the national election commission read the result, Kenyatta's total had increased to 55,726, she said. In addition to Kenyatta gaining votes, other candidates, including Odinga, lost votes, she said.
"This is an election offense, altering the result of an election," she said.Kenyatta cleared the crucial 50 percent mark by only 8,400 votes out of more than 12 million ballots cast, making each vote of his highly valuable. Had he gotten below the 50 percent threshold, Kenyatta and Odinga would have faced one another in a run-off.
Kilonzo told the court it should invalidate all returns from Nyeri, an action that would drop Kenyatta below the 50 percent mark.
Listen and watch this clip Supreme court trial with Kethi Kilonzo representing AFRICOG petition - YouTube and Vote Numbers Were Changed, Kenyan Court Told - ABC News