Kiambu Town Member of Parliament Jude Njomo on Thursday filed a new petition against NASA leader Raila Odinga at the High Court.
In court documents seen by Kenyans.co.ke, the Jubilee Party MP is seeking to have the court declare Mr Odinga's withdrawal from the repeat presidential election illegal.
Mr Njomo asserts that the NASA leader's declaration cannot be held as true because he did not follow the correct procedure.
[caption caption="NASA leader Raila Odinga"]
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"First, we'd like the court to declare as illegal the announcement that Raila Odinga made to withdraw from the election. It is illegal because he did not follow the correct procedure stipulated by law to ratify a candidate's withdrawal. He has not signed Form24A" Njomo told Kenyans.co.ke.
The lawmaker is also seeking a clarification from the court on the interpretation of paragraph 290 of the Supreme Court ruling in Odinga's 2013 election case.
The paragraph states: "Suppose, however, that the candidates, or a candidate who took part in the original election, dies or abandons the electoral quest before the scheduled date: then the provisions of Article 138 (8) (b) would become applicable, with fresh nominations ensuing."
Mr Odinga quoted the paragraph in his withdrawal statement alleging that the repeat election could not be held until the dictates of the 2013 ruling are fulfilled.
He has continued to cite the ruling in his subsequent addresses to the press as well as in his demands to the IEBC.
"We are seeking to have paragraph 290 of the 2013 decision rightfully interpreted by the courts because it goes contrary to Article 138 (b).
"Raila has been using the paragraph to justify his withdrawal and we want the court to declare that it is not binding to this election," Njomo clarified.
Should the court grant the urgent petition, the IEBC will continue with the October 26 poll as planned.
[caption caption="Kiambu MP Jude Njomo"]
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