Petitions challenge Kenyatta re-election
Court bid by two civil society activists likely to delay swearing-in ceremony
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.