Lawyer Apollo Mboya has written to the Independent Electoral and Boundaries Commission (IEBC) asking it to disqualify President Uhuru Kenyatta and Deputy President William Ruto from the repeat presidential election.
Speaking to Kenyans.co.ke, Mr Mboya stated that the President and Ruto should be disqualified from the poll for launching the Kenya Government Delivery Portal and using it to advertise Jubilee achievements.
In his letter to IEBC Chairman Wafula Chebukati, the lawyer stated that the two committed election offences by launching the portal.
[caption caption="Lawyer Apollo Mboya"]
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Mboya cited section 24(3) of the Election Offences Act stating that a person who is convicted of an offence under this act shall not be eligible for election or nomination in an election.
The letter reads: ”This, therefore, means that as at 8th August 2017, the President and his Deputy had committed Election Offences inviting the sanctions contained in the provisions of sections 14(6) and 24(3) of the Election Offences Act, 2016 as shown above. The same remains true for the Fresh Elections scheduled for 26th October 2017 or any other Election that the President and Deputy President present their candidature. There is no immunity under the Act."
Last week, the High Court ruled that President Kenyatta contravened the election law by advertising his government's achievements during the campaign period.
Justice Chacha Mwita stated that the Jubilee government had committed election offenses by using public resources to advertise its achievements since it got into power.
The ruling read in part,"An order of permanent injunction is hereby issued restraining the national Government whether by itself, agents, servants, proxies and/or any other person acting under its or their authority or direction from advertising achievements by the national government."
In April, President Kenyatta and DP Ruto officially launched to help Kenyans track all development projects carried out by the Jubilee administration in the last four years.
The portal relayed stories and facts about the progress of the Jubilee government and its achievements following criticism by the Opposition that President Kenyatta had not delivered on his promises.
[caption caption="Online portal featuring Jubilee achievements"]
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