President Uhuru Kenyatta has finally responded to a petition challenging his re-election in the October 26 fresh presidential election.
Through his lawyer Fred Ngatia, the Head of State rubbished the case filed by activist Okiya Omtatah stating that he had failed to produce sufficient evidence to support his claims.
Omtatah's petition claimed that the poll was not held in accordance with the Constitution due to the withdrawal of Opposition leader Raila Odinga.
[caption caption="Senior Counsel Fred Ngatia"]
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He argued that the poll was invalid because no fresh nominations were held by the Independent Electoral and Boundaries Commission (IEBC).
Apparently, the petition was filed on October 27, before the President-elect had been declared and according to Ngatia, a validity of an election can only be determined after the results have been declared by the IEBC.
“It is common knowledge that the name of Raila Odinga was on the ballot as a candidate in the fresh election.
"The only inference that can be drawn from this is that IEBC did not receive any valid notice of withdrawal from NASA,” Jubilee party director of legal affairs Marykaren Kigen states in an affidavit.
According to Kigen, Odinga did not withdraw from the fresh election in the manner recognized by law and any alleged withdrawal was therefore of no legal effect.
“The proper interpretation of the Constitution is that elections are to be cancelled only where a candidate dies or no one has been nominated,” she added.
Ngatia bashed Omtatah claiming the activist had misinterpreted the Constitution and orders of the Supreme Court.
“The petitioner cannot claim a legitimate expectation on behalf of NASA. In any event, there was no legitimate expectation on the part of the party that his “withdrawal” would lead to fresh nominations,” remarked Ngatia.
[caption caption="Activist Omkiya Omtatah"]
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