Deputy Chief Justice Philomena Mwilu will compose a bench to hear proceedings of a contempt of court case brought against National Super Alliance (NASA) leaders over the disruption of Thursday’s repeat presidential election.
Lawyers representing the Jubilee Party and the Independent Electoral and Boundaries Commission (IEBC) were informed that the file presented will be placed before Justice Mwilu for her to constitute a bench.
It was also established that NASA leaders Raila Odinga and Kalonzo Musyoka were yet to file their responses on the case.
Through its Secretary-General Raphael Tuju, Jubilee party wants the two leaders jailed for six months for calling for mass protests with a view to stopping the poll ordered by the Supreme Court on September 1.
[caption caption="NASA leader Raila Odinga"]
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Mr Odinga and Mr Musyoka are being accused of sabotaging the election yet they are the ones who successfully petitioned the nullification of the August 8 presidential results. The case was filed by Jubilee on October 19.
The NASA leaders are accused by Mr Tuju of embarking on a scheme, including the use of violence and threats, to sabotage the repeat poll.
The opposition chief asked his supporters to boycott the election and most of them heeded the call and stayed away from polling stations.
According to Jubilee, through lawyer Tom Macharia, the actions amount to contempt of court and seriously imperil the competence and integrity of the court order.
In a sworn statement, Mr Tuju stated that NASA leaders co-ordinated violent protests in their strongholds and in Nairobi and made demands for the dismissal of IEBC commissioners and officials, a move he alleged was meant to intimidate the commission into failing to implement the court order.
[caption caption="Jubilee Secretary-General Raphael Tuju"]
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“These protests, which have led to the destruction of property and loss of lives, are aimed at creating an environment where it is not possible to hold an election,” he stated.
