Activist Okiya Omtatah has drafted a letter to Chief Justice David Maraga protesting the delayed hearing and determination of his election petition by the Supreme Court.
The petition, which was filed before the announcement of the repeat presidential election results, sought to contest the validity of the October 26 repeat poll.
In the letter, Mr Omtatah urges the court to urgently fix an early hearing date for the case, which he states has been lying in limbo for a very long time.
He further explained that he has complied with all the directions that were issued by the court.
[caption caption="File image of activist Okiya Omtatah"]
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“It is therefore disturbing and totally unacceptable that since then, there has been no communication from the Supreme Court in the matter. I’m left wondering if my petition will ever be heard,” Omtatah mentioned.
The activist also alleges that he learnt that the court heard his constitutional petition in his absence in the consolidated two Supreme Court presidential petitions.
Omtatah argues that the petition of Harun Mwau, Njonjo Mue and Khelef Khalifa, that were consolidated, were filed days after the parties in his suit had complied with the directions of the court and were ready to be heard on the merits of the suit.
“In essence, the decisions of the Supreme Court in the presidential petition is not binding in the court and therefore does not stop the court from entertaining my constitutional petition, which was filed much earlier but was deliberately side-stepped and had not been heard and determined,” Omtatah mentioned.
According to the activist, he deliberately filed a constitutional petition, not an election petition, since he believes that there was no election known in Kenyan law that was held on October 26.
[caption caption="NASA leader Raila Odinga and his deputy Kalonzo Musyoka during the campaign period."]
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Mr Omtatah further wants the Supreme Court to give directions on the implications of the withdrawal of a presidential candidate following the withdrawal of Raila Odinga and Kalonzo Musyoka before the election date.
