The Supreme Court of Kenya will this week start listening to Presidential petitions challenging the re-election of President Uhuru Kenyatta.
Two petitions have been filed challenging the October 26th repeat Presidential elections. The petitions filed by Former Kilome MP Harun Mwau and civil society activists Njonjo Mue and Khelef Khalifa raise issues which the judges will have to make a decision on.
Some of the issues raised that could either make or break the petition include:
1. Whether the election was conducted in accordance with the constitution.
Mwau argues that since no nominations were conducted after the Supreme Court ruling, President Kenyatta was not validly and legally elected.
“At the time of going for the election, IEBC knew they had violated the Constitution and were bent on doing an illegal exercise. They slept on their job, only to wake up when it was too late to conduct the election in accordance with the Constitution as had been ordered by the Supreme Court,” Mwau's petition read in part.
The activists on their part submit that the October 26th repeat election did not follow the applicable laws as prescribed in the constitution.
2. Effect of Opposition candidate's withdrawal from the Presidential race.
Mr Mue and Khalifa argue that the withdrawal of Opposition Leaders Raila Odinga and Kalonzo Musyoka automatically rendered the repeat poll null and void.
[caption caption="File image of Kilome MP Harun Mwau"]
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“IEBC failed to consider the legal effect of a candidate’s withdrawal. The fresh election was already dead based on the withdrawal, the commission could not revive it without following what is legally provided in the Constitution,” the Standard quoted the activists.
3. 25 Constituencies Failing to vote.
According to the civil society activists, the repeat election was not valid since some constituencies did not participate.
4. Internal wrangles in IEBC.
Infighting between IEBC Chair and the Commissioners has been cited in the petitions on grounds that a divided electoral agency cannot guarantee a free and fair poll.
5. Violence Observed during the repeat poll.
The petitioners argue that the violence infringed on the rights of citizens to engage in their democratic right.
[caption caption="File image of acvitist Njonjo Mue"]
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6. Transmission of results and general logistical issues.
The petitioner's query illegalities and irregularities in the transmission of results, failure of KIEMS kits, and inconsistencies on Forms 34As.
In sum, the petitioner submits that the polls cannot be termed to be credible and want the courts to declare them null and void.
