A case filed at the Supreme Court seeking to have Opposition leaders Raila Odinga and Kalonzo Musyoka jailed for six months for contempt did not kick off on Friday after the two failed to file their responses.
Reports indicate that by Friday morning, the National Super Alliance (NASA) leaders were also yet to appoint a legal team in charge of the case filed by the Jubilee Party.
The Electoral Commission which is also a respondent in the case explained that it had not responded to the matter as it had been busy planning for the repeat Presidential election.
Following the mishaps, Deputy Registrar of the Supreme Court, Daniel ole Keiwua, stated that the file would be placed before Deputy Chief Justice Philomena Mwilu to constitute a bench to hear the case.
[caption caption="File image of Opposition Leaders Raila and Kalonzo"]
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Jubilee Party lawyer Tom Macharia, on his part, noted that the matter was urgent and as such should be heard as soon as possible.
Reports in the Nation indicate that the registrar announced that the parties would be notified on the hearing date.
Jubilee went to the Supreme Court suing the Opposition leaders for contempt of court.
The Party, through its Secretary-General Raphael Tuju, stated that the Court on September 1 ordered the IEBC to hold a fresh election within 60 days in accordance with the constitution.
In a document sent to media houses, Mr Tuju argued that Odinga had not only withdrawn from the repeat presidential election but had gone ahead to sabotage the poll. He further claimed that he failed to sign Form 24A.
[caption caption="File image of Jubilee Party Secretary General Raphael Tuju"]
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“Raila Odinga has since written to the commission on his withdrawal from the fresh poll and has publicly declared that such repeat elections will not take place as per the date gazetted by the IEBC. It should be noted that as it may, he has failed to supply the Commission with the requisite Form 24A, which is the legal instrument for a candidate’s withdrawal,” the document read in part.
