Former Gatundu South Member of Parliament Moses Kuria on Monday, August 22 filed a petition against Azimio leader Raila Odinga at the supreme Court.
In his petition, Kuria claims that Odinga used his chief agent Saitabao Ole Kanchory and others to cause violence at the Bomas of Kenya Tallying Centre and physically assaulting the Independent Electoral and Boundaries Commission - IEBC chair Wafula Chebukati.
“Shortly after entry of the Commission’s Chairman two other commissioners and the Chief agent gained access to the podium whereby he threatened and physically assaulted the Chairman and the commissioners in full glare of cameras,” states the vocal politician.
“As a result of the said violence at the National Tallying center, the Chairperson of IEBC was prevented from performing his mandate in that he was unable to announce results from a number of constituencies,” the petition reads in part.
The lawmaker further argues that the actions posed a threat to the lives of foreign diplomats, international and local observers, clergymen and women, the three presidential candidates and their families at the time in Bomas, elected leaders, and IEBC officials among many Kenyans who had been accredited.
Additionally, the Chama Cha Kazi party leader claims that Chebukati did not announce the results of the remaining 38 polling stations that had been verified after Azimo politicians attacked Chebukati.
“The interference with the declaration of presidential election results and the attack on the Presidential Returning Officer made it difficult for the announce the results of the 38 polling stations that had been verified,” Kuria noted.
Further, Kuria, whose party is affiliated to the Kenya Kwanza camp, led by William Ruto, slammed Odinga for remaining mum and that he had not distanced himself from the actions of his Chief agent.
He now wants Odinga to be held liable for election offenses and malpractices committed by his duly appointed agents.
The lawmaker further wants the Supreme Court to dismiss Odinga’s case challenging the presidential election results, in which Ruto was elected President-elect.
Kuria argues that the Constitution of Kenya provides that all sovereign power belongs to the people of Kenya and shall be exercised in accordance with the Constitution, and Odinga is bound to the constitution according to Article 2(1).
“This constitution is the supreme law of the Republic and binds all persons and all state organs at both levels of Government. As such the Constitution binds the Respondents herein,”
He further holds that every person has an obligation to respect, uphold and defend the Constitution, and any attempt to establish a government, otherwise than in compliance with this Constitution is unlawful.
Kuria now wants a directive from the court to order the Director of Criminal Investigation in conjunction with the Director of Public Prosecution to commence investigations over the actions of Odinga and his chief agent Kanchory by preferring criminal charges against them.
In his supporting affidavit, Kuria claimed that he is aware that all candidates were required to sign the Electoral Code of Conduct with the commission prior to the day of elections thereby committing to observe the rules and regulations governing the election process.
