The Supreme Court will again determine the validity of President Kenyatta’s re-election at the October 26 repeat poll after two petitions were filed in court on Tuesday.
The first petition, Former Kilome Member of Parliament Harun Mwau petition argues that the IEBC violated Article 82 1(b) and 2(a, b) of the Constitution by failing to subject the eight presidential candidates to fresh nominations.
Human rights activists Njonjo Mue and Khelef Khalifa have also petitioned the Supreme Court to annul the declaration of Uhuru Kenyatta as president-elect after the October 26 fresh election.
Their petition also argues that no nominations were conducted for the presidential election; the principle of universal suffrage was violated; the electoral management body was not independent, impartial or neutral; and that the election was conducted in an environment rife with violence, intimidation, and breaches of the law.
“The election conducted on October 26, 2017 failed to meet the general principle stipulated under Article 81(d) of the Constitution of Kenya of universal suffrage based on the aspiration for fair representation and equality of vote,” the petition adds. The petitioners argue that Article 138(2) provides that at a presidential election “if two or more candidates for President are nominated, an election shall be held in each constituency”.
The Supreme Court will also hear another petition filed by the Institute for Democratic Governance (IDG), through lawyer Kioko Kilukumi, seeking to have the Director of Public Prosecutions ordered to investigate the Nasa leaders for committing electoral offences by sabotaging the October 26 fresh presidential election.
Kenya’s electoral commission said the final tally of votes gave Uhuru 7,483, 895 votes (98.26 percent) according to the Independent Electoral and Boundaries Commission (IEBC).
Raila Odinga, his closest rival who withdraw from the repeat poll garnered 73,228.
Other candidates in the race: Thirdway Alliance candidate Ekuru Aukot garnered 21,333 votes, Alliance for Real Change leader Abduba Dida 14,107 votes and independent candidates Japheth Kaluyu, Michael Wainaina, Joseph Nyagah, and Cyrus Jirongo garnered 8,261, 6,007, 5,554 and 3,823 votes respectively.
In the Aug 8. polls, the Supreme Court nullified the results declaring them invalid, null and void and ordered a new vote in 60 days.