For the best experience, please enable JavaScript in your browser settings.
NAIROBI, KENYA: Former Kilome MP Harun Mwau has moved to court to stop October 26 repeat presidential election.
The ex-legislator argues that fresh election as ordered by Supreme Court meant that it must start afresh from party nominations. The nominated candidates thereby need to be gazetted to follow law and the constitution.
In his petition Mwau avers it will be easier for someone to challenge the exercise as illegal and unconstitutional if IEBC conducts the elections without the fresh party nominations.
A stickler to the statutes and an indefatigable defender of his rights, Mwau never hesitates to use the legal path.
In 1992 Mwau filed a petition in the High Court of Kenya against the declaration of President Daniel arap Moi as winner of the presidential race.
His grounds? That the former president and other candidates were not validly nominated because their lists of supporting signatures were not in the prescribed format.
The law required presidential candidates to present the names and signatures of 1,000 supporters in 40 standard sheets of foolscap paper. Mwau’s case was that apart from him, all the other candidates had not used foolscaps measuring 8 by 3 inches but A4 sheets which measure 8.27 × 11.69 inches
Whereas the judges found his ground perfectly legal, they didn’t deem the infraction as serious enough to warrant the reversal of an election.