Two former student leaders on Wednesday moved back to the Supreme Court a day after their presidential election petition was rejected.
Mr George Bush and Mr John Chengo have appealed a decision made by Supreme Court Deputy Registrar Daniel Ole Keiwua who threw out their paupers brief on Tuesday.
According to the Supreme Court rules, a petitioner is allowed to appeal a decision by the court registrar before a single judge.
[caption caption="Supreme Court President, Chief Justice David Maraga"]
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The two have argued that they were condemned, unheard and the court ought to hear them "for the sake of justice".
"Article 258 does not foresee a situation where any Kenyan shall be denied justice on grounds of rules, procedures by any courts unless such persons are driven by malice," Mr Bush observed.
The two youth filed what is, by law, called a "Pauper's Brief" saying that they were too poor to pay the filing charges that amount to over Sh1 Million.
"If any defendant alleges that he is unable to pay court fees the registrar, upon application being made for that purpose, shall inquire into the question of his poverty and if he is satisfied on oath that the allegation of poverty is true, shall record the result of his investigation and a statement of proportion of the fees (if any) which the defendant is able to pay," Order 33, rule 16(1) of the civil procedure act states.
In their petition, the two argued that the withdrawal of National Super Alliance (NASA) leader Raila Odinga had a major impact on the Presidential election.
Read More: 'Poor' Youth File Presidential Petition, Make Special Request
An official from the Supreme Court registry, while speaking to Kenyans.co.ke, explained that the petition had been rejected as it did not meet the required threshold.
"The application by the two was rejected since it failed to meet some of the Supreme Court rules set for presidential petitions," the official stated.
Read More: Supreme Court Rejects Presidential Petition
[caption caption="File image of Supreme Court judges hearing a presidential election petition"]
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