The Independent Electoral and Boundaries Commission (IEBC) has been taken to the Supreme Court after three voters filed a petition to have the repeat presidential poll called off.
The three: Mr Khalef Khalifa, Mr Samuel Mohochi and Mr Gacheke Gachuhi argued that the electoral body could not guarantee a fair and credible election.
Speaking to Kenyans.co.ke, one of the petitioners, Mr Khalifa divulged that the court had directed them to serve all the respondents by 2 pm on Tuesday.
In addition, the respondents are expected to file the responses by Wednesday 8 am after which the case will be heard from 10 am.
The petitioners have cited IEBC chairman Wafula Chebukati who serves as the National Returning Officer and the Electoral body as the respondents in the case.
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Mr Khalifa's lawyer, Harun Ndubi added that while issuing the orders, the Supreme Court included all the presidential candidates as respondents in the petition.
Mr Ndubi explained that IEBC conducting the repeat election was in contradiction to the constitution.
"As per the 2013 Supreme Court ruling, the IEBC should have held a fresh election starting with a new nomination exercise of the candidates, especially after the withdrawal of NASA Leader Raila Odinga," he told Kenyans.co.ke on the phone.
Furthermore, Mr Ndubi raised concerns that the irregularities that were witnessed in the August elections had not been adequately addressed by the commission and were likely to be repeated in the presidential polls. He added that political interference was greatly affecting the credibility of the election slated for Thursday.
The third argument in the petition was the inclusion of Presidential candidate Cyrus Jirongo in the ballot paper.
"IEBC had gazetted that Mr. Jirongo would not be on the ballot. However Commissioner Abdi Guliye later stated that he (Mr. Jirongo) had already been put on the ballot as a precaution, which is illegal," Mr Ndubi conveyed.
The petition comes after IEBC Chairman Wafula Chebukati publicly admitted that he cannot guarantee a credible election.
The IEBC Chair noted that for him to remain as the Commission's boss, the Secretariat staff adversely mentioned in electoral irregularities should step aside and pave way for the project team to conduct the repeat poll.
Read Also: Wafula Chebukati Reveals 3 Things That Will Make Him Quit IEBC
[caption caption="IEBC Chairman Wafula Chebukati"]
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"My fellow Kenyans, we are faced with a dilemma as a country. One between the status of operational preparedness and the political environment for credible elections.
"From an operational angle, we are prepared. While I want to confirm to you our full technical preparedness for this election, I want to state categorically that I shall not go down in history as a National Returning Officer who plunged the country into a further crisis than I found it," he declared.
