President Uhuru Kenyatta’s second-term has been derailed after two petitions were filed on Monday, November 6th, to challenge his October 26 victory, an election that was boycotted by the Opposition.
A third case has been filed at the Supreme Court seeking to bar the National Super Alliance including Raila Odinga from holding public office because they mobilised against the presidential rerun.
The team preparing for Uhuru’s swearing-in which was set for November 14 now don’t have a choice but put everything on hold and wait for the outcome of another titanic legal duel that will last seven days.
The first petition was filed by former Kilome Member of Parliament Harun Mwau while the second is courtesy of renown human rights activists; Khelef Khalifa and Njonjo Mue.
According to Khalifa and Mue, no nominations were carried out for the repeat presidential election, that the principle of universal suffrage was violated and the Independent Electoral and Boundaries Commission was not independent, impartial or neutral.
The suit also alleges the election was done in an environment full of violence, intimidation and blatant breaches of the law.
The activists argue that the presidential candidates were not issued with new nomination certificates.
“A nomination certificate issued to a candidate under Section 14 of the Elections Act is valid only for the election for which it is issued,” they said.
Mwau on the other hand, says the IEBC violated the Constitution by failing to subject presidential candidates to fresh nominations, as required by law.
The former legislator whose August 8 bid to reenter Parliament failed, says the electoral agency violated Article 82 1(b) and 2(a,b) of the constitution by failing to comply with the mandatory requirement for nominations.
Mwau, it will be remembered, attempted to stop the October 26 polls on similar grounds but the case was dismissed for lack of jurisdiction.