Former Kilome Member of Parliament Harun Mwau, has sued the Independent Electoral and Boundaries Commission (IEBC) and its Chairman Wafula Chebukati for planning to hold a fresh election without nominations.
The politician has filed a case at the High Court seeking to bar the IEBC from conducting the October 26 repeat election.
In the case filed on Monday under a certificate of urgency, Mr Mwau has accused the electoral of conducting an election contrary to the Constitution.
“It is clear that the respondents are seeking to waive provisions of the Constitution and the law which they have no power to do, and as a matter of course if the fresh presidential elections are allowed to proceed as the respondents intend the Supreme Court, will invalidate the same,” the petition read in part.
He argues that after the Supreme Court nullified the August 8 election, IEBC should have organized fresh nominations before conducting the upcoming poll.
IEBC based its decision of not conducting fresh nominations on the 2013 ruling by Chief Justice Willy Mutunga.
“If the petitioner was only one of the candidates, and who had taken the second position in vote-tally to the President-elect, then the “fresh election” will, in law, be confined to the petitioner and the president-elect,” Mutunga’s judgment read in part.
Third way Alliance party leader Dr Ekuru Aukor won a case against the IEBC for leaving his name out of the ballot. The High Court ruled in his favor and his name has since been included on the ballot.
[caption caption="Former Kilome Constituency MP Harun Mwau"]
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IEBC announced that all qualified presidential candidates will be on the ballot in the October 26 repeat poll.
The case comes 10 days to the repeat election, and NASA leader Raila Odinga has pulled out of the election.[caption caption="Mr. Mwau"]
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