As the clocked ticked down to the deadline for filling a petition challenging the repeat presidential elections, two former student leaders arrived at the Supreme Court with unusual request.
George Bush and John Chengo wanted the court to allow them file a petition challenging President Kenyatta's win without paying the mandatory Sh1.5 million court fees.
The two former Moi University student leaders filed a pauper's brief which allows a poor person to argue in court without paying court fees claiming they live in grinding poverty.
In their brief, they say that they live in 'a run down and mud-thatched house without windows in the disgraced slums of Huruma estate' in Nairobi.
Arguing his case further, George Bush says he lives off a single meal a day unlike the customary three meals.
Order 33, rule 16(1) of the civil procedure act states 'If any defendant alleges that he is unable to pay court fees the registrar, upon application being made for that purpose, shall inquire into the question of his poverty and if he is satisfied on oath that the allegation of poverty is true, shall record the result of his investigation and a statement of proportion of the fees (if any) which the defendant is able to pay…'
They want the Supreme Court to annul the repeat presidential polls on grounds that the withdrawal of Raila Odinga and no elections being held in 25 constituencies affected the outcome.
"As we wait on the directive of the registrar of the court, we hope that our petition will solve the injustices that the government has caused Kenyans. What happened on October 26 was not an election but hypocrisy that wasted taxpayers' money," said Chengo.
If accepted, they will join former Kilome MP Haron Mwau and chairman of the International Commission of Jurists, Njonjo Mue in challenging the repeat presidential polls.
