Deputy Chief Justice Philomena Mwilu will constitute a bench to hear a case filed by human rights activist Okiya Omtatah seeking the nullification of the October 26 repeat Presidential election.
The case had been scheduled to be brought for mention on Friday.
Omtatah wants the repeat poll annulled on grounds that the withdrawal of National Super Alliance (NASA) leader Raila Odinga and his running mate Kalonzo Musyoka from the race already invalidated it.
The petition lists all candidates who were on the ballot as interested parties.
In his application, Omtatah stated: “The abandonment by the NASA candidates required the 1st and 2nd respondents to abandon the October election and to organize a fresh presidential election in tandem with Article 138(9) as read with Article 138(8) (b) of the Constitution.
"The fresh presidential election preceded by fresh nominations would mean a new date, on or before the 10th of December 2017, be gazetted for the elections,” he added.
[caption caption="The Supreme Court Bench"]
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The outspoken activist wants the Supreme Court to pronounce itself on the implication of the withdrawal of the NASA duo's candidature.
He stated: “The crisis has created a situation which requires this honourable court to clarify the law and pronounce itself on the validity of the fresh presidential election held on 26th October 2017 after the NASA candidates had abandoned the race on 10th October 2017.
“The results of the purported fresh presidential election held on 26th October 2017 are invalid, null and void and of no consequences under the law,” Omtatah concluded.
NASA leader Raila Odinga withdrew his candidature prior to the poll, citing the failure of the Independent Electoral and Boundaries Commission (IEBC) to implement the coalition's 'Irreducible Minimum' demands on electoral reform.
President Uhuru Kenyatta was declared the winner of the repeat poll, garnering 98% of the vote.
[caption caption="Activist Okiya Omtatah "]
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