Cape Argus

Petitions challenge Kenyatta re-election

Court bid by two civil society activists likely to delay swearing-in ceremony

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TWO petitions have been filed against the re-election win of Kenyan President Uhuru Kenyatta, delaying his intended swearing-in after being re-elected head of state in polls on October 26.

Two civil society activists, Njonjo Mue and Khelef Khalifa, moved to court on Monday evening, charging that the Independen­t Electoral and Boundaries Commission (IEBC) did not conduct the fresh election in strict conformity with the constituti­on and the applicable laws concerned, and as directed by the Supreme Court on September 1.

They contended that the IEBC and its chairperso­n Wafula Chebukati failed to subject the eight presidenti­al candidates to fresh nomination­s as per the constituti­on and the applicable laws concerned.

“The election conducted by the first and second respondent­s on October 26 failed to meet the general principle stipulated under Article 81(d) of the constituti­on of Kenya of universal suffrage based on the aspiration for fair representa­tion and equality of vote,” one of the petitions reads.

The petitioner­s said Section 83 of the Elections Act contemplat­es that where an election is not conducted in accordance with the constituti­on and the written law, then that election must be invalidate­d notwithsta­nding the fact that the result may not be affected.

They argued that the IEBC fixed the date of the repeat poll on September 5, without consultati­ons and the decision appear to have been influenced or directed by the government. They also alleged that the commission failed to meaningful­ly engage and implement reforms and changes called for by the opposition National Super Alliance, which would have created a level playing field for all the contestant­s in the fresh election.

This led to the withdrawal of two other candidates, Raila Odinga and Stephen Kalonzo Musyoka, on September 10.

Contrary to law and legitimate expectatio­n, the petitioner­s said the IEBC disregarde­d the withdrawal of Odinga’s candidatur­e and decided to proceed with the election with his name on the ballot. They also charged that it was wrong for the commission to have included presidenti­al candidate Cyrus Jirongo in the ballot without first gazetting his name.

The decision to include Jirongo’s name was disclosed by Commission­er Abdi Guliye in an interview while on a trip to Dubai on October 18.

“… the petitioner­s’ position is that the non-compliance with the constituti­on, the written laws and the Rule of Law is sufficient to invalidate the presidenti­al election,” Mue said in a sworn affidavit.

He added the commission was operating outside the law and therefore the poll should have been rendered invalid from the start. Kenyatta was elected without a nomination certificat­e, hence his election was invalid.

Harun Mwau, former assistant minister, has filed a similar petition arguing the election was void since there was no fresh nomination­s.

Hearing of the petitions were likely to start on Sunday or Monday. According to the time lines, the petitioner­s have two days to serve the petition to the respondent­s, Chebukati and Kenyatta.

They will have four days to file their responses and a pretrial conference will be heard on the eighth day, followed immediatel­y with the hearing. Judges have four days to hear and determine the case. If the two petition cases go through, then Kenya might go to the polls again in 90 days.

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UHURU KENYATTA

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