Activist Okiya Omtatah has filed petition at Supreme Court terming repeat presidential poll a sham

Chief Justice David Maraga. [Edward Kiplimo, Standard]

Chief Justice David Maraga Monday directed IEBC chairman Wafula Chebukati be served with a petition challenging conduct of the repeat presidential election.

Activist Okiya Omtatah has filed the petition at the Supreme Court terming last Thursday’s presidential elections a sham.

The petition which was filed last Friday even before the results were announced contested the validity of the October 26 repeat poll.

The petition has included all the presidential candidates as interested parties.

In a statement, the Deputy Registrar of the Supreme Court directed that the petition be served by this Thursday and brought for mention on November 10th.

“The applicant should serve their applicants with written submissions by 5pm on Thursday 2nd November. The respondents should file a rejoinder to the respondents written submissions by 5pm on Tuesday 7th November.”

The Supreme Court further directed that the matter be mentioned before the Deputy Registrar for compliance on Friday November 10th at 9.00am.

In the case, Okiya argues that the October poll  be annulled on grounds that the withdrawal of National Super Alliance (Nasa) presidential candidate Raila Odinga and his running mate Kalonzo Musyoka rendered it null and void.

“The results of the purported fresh presidential election held on 26th October 2017 are invalid, null and void and of no consequences under the law,” said Omtatah in his application.

Omtatah was referring to 10th October 2017 NASA’s Odinga and his running mate Musyoka jointly decision to abandon the October elections claiming that the IEBC had failed to undertake basic reforms to ensure credible elections.

The decision to abandon the elections vacated them by an act of the law.

 “The abandonment by the NASA candidates required the 1st and 2nd respondents to abandon the October election and to organise a fresh presidential election in tandem with Article 138(9) as read with Article 138(8) (b) of the Constitution. The fresh presidential election preceded by fresh nominations would mean a new date, on or before the 10th of December 2017, be gazetted for the elections.”

He further wants the Supreme Court to give directions on the implications of the withdrawal of the two from the presidential contest.

“The crisis has created a situation which requires this honourable court to clarify the law and pronounce itself on the validity of the fresh presidential election held on 26th October 2017 after the NASA candidates had abandoned the race on 10th October 2017.

Omtatah has included President-elect Uhuru Kenyatta and other presidential candidates, Raila Odinga, Ekuru Aukot, Dida Abduba, Mwaura Wainaina, Joseph Nyagah, Kaluyu Kavinga and Jirongo as respondents in the petition.