President Uhuru Kenyatta has accused Opposition leader Raila Odinga of illegally seeking a power-sharing deal through a petition filed by an activist at the Supreme Court.
Uhuru Kenyatta in his response to a suit by activist Okiya Omtatah argues Raila and his National Super Alliance are hiding behind the activist for fear of embarrassment after boycotting the October 26 repeat presidential election to force through a coalition government.
“The real purpose of this suit is to force the first interested party (Uhuru) to enter into negotiations with NASA with a view to sharing power,” the President’s lawyer Fred Ngatia said.
“His case is an improper attempt to advance NASA’s political agenda, which is against the people’s rights to a democratic system of governance. He came to court to help NASA avoid criticism after sponsoring violence that made it impossible to conduct elections in four counties,” he added.
Uhuru and the Independent Electoral and Boundaries Commission defended the validity of the October 26 repeat presidential election and asked the judges to throw the case out on grounds that it seeks to frustrate the formation of a government.
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Mr Omtatah wants the election declared invalid, arguing IEBC committed illegalities by including Raila in the ballot and announcing results attributed to him when he had formally withdrawn from the race.
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According to the activist, the repeat election divided the country more than it was on August 8 and wants the Supreme Court to determine the effect of Raila and his running mate Kalonzo Musyoka’s withdrawal from the contest and whether it made the process illegitimate.
He also claimed IEBC lost its autonomy and was held hostage by external forces with partisan interests who dictated to the commission what to do even if their actions were illegal.
He wants the court to declare IEBC violated the Constitution and electoral laws by proceeding with the election after NASA candidates pulled out, and an order directing fresh presidential poll within another 60 days.
But the commission, through lawyer Kamau Karori submitted Omatatah’s case is frivolous, bad in law and an abuse of the court process. “The Supreme Court is not properly seized of the matter and cannot determine the issues being raised. He has not properly filed the case given that the orders he is seeking can only apply in an election petition,” said Karori.
