The Asian Age

Kenya’s SC set to hear plea challengin­g ballot

Chief Justice David Maraga to hear a petition by activists

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Nairobi, Oct. 24: Kenya’s Supreme Court said on Tuesday it would meet on the eve of the country’s presidenti­al election rerun to hear a last-minute petition challengin­g the ballot.

Chief Justice David Maraga, who presided over the annulling of August’s original flawed vote, said he will hear a petition filed by human rights activists arguing Kenya is not ready for Thursday’s re-run.

“Matter to be heard at 10.00 am on Wednesday,” Maraga ordered in a statement. Maraga said the Independen­t Electoral and Boundaries Commission (IEBC) as well as “all the Presidenti­al candidates” must submit their written submission­s before the hearing.

Kenya’s disputed presidenti­al poll has been beset by legal challenges, including one brought by opposition leader Raila Odinga which led to the Supreme Court overturnin­g President Uhuru Kenyatta’s victory on September 1 and ordering a re-run within 60 days.

The Supreme Court’s decision to hear this latest petition, filed on Sunday, raises the possibilit­y that Thursday’s election may be delayed.

“We are hoping they will cancel elections on October 26,” said activist Khelef Khalifa of Muslims for Human Rights.

He filed the petition alongside Samwel Mohochi of the Kenya branch of the Internatio­nal Commission of Jurists, and Gacheke Gachihi -also known as Nahashon Kamau -- of the Mathare Social Justice Centre in Nairobi.

The petitioner­s cite several arguments for delaying the vote.

They include Odinga’s withdrawal from the rerun two weeks ago which they say means the vote must be cancelled and the IEBC chairman’s own admission last week that “a free, fair and credible election” could not be guaranteed as the constituti­on demands.

They argue that a delay of up to 90 days should be ordered by the Supreme Court.

The opposition, as well as some analysts, have also called for a delay, but Kenyatta has insisted the vote should go ahead as planned despite Odinga’s boycott and ongoing protests.

Meanwhile, the country stands at a dangerous crossroads ahead of a presidenti­al election on Thursday, with opposition leader Raila Odinga refusing to take part and even the country’s electoral chief casting doubt on the poll’s credibilit­y.

The opposition has called for daily mass protests, including on election day, fuelling anxiety over the outcome of an election called after the Supreme Court overturned the result of an August vote.

The annulment, based on irregulari­ties in the electronic transmissi­on of votes, was hailed as an opportunit­y to deepen democracy in a country plagued by disputed elections. But the re-run has instead been dogged by chaos and acrimony.

Top diplomats and observers have excoriated both Mr Odinga and President Uhuru Kenyatta for divisive handling of the post-election crisis instead of searching for a path to a free and fair election.

 ?? — AFP ?? Kenya’s opposition leader Raila Odinga addresses supporters in Machakos, 60 km east of Nairobi, on Tuesday.
— AFP Kenya’s opposition leader Raila Odinga addresses supporters in Machakos, 60 km east of Nairobi, on Tuesday.

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