Thirdway Alliance of Kenya leader Ekuru Aukot has rubbished has poked holes on a suit filed by activist Okiya Omtatah which seeks to nullify the the October 26 presidential rerun.
Aukot on Tuesday, November 7, urged the Supreme Court to reject the case, terming it as “not only a non-starter, but also incurably defective”.
“The petition, in form and substance, offends the mandatory provisions of the Supreme Court Act and the Supreme Court Rules 2017, hence the same is unattainable and liable to striking out,” he said in a press conference heard by Zipo.co.ke.
Omtatah says in his suit that the repeat election that led to the Independent Electoral and Boundaries Commission declaring incumbent President Uhuru Kenyatta the winner, was illegal.
It will be remembered that Mr Omtatah attempted to stop the election, calling for the formation of a caretaker government but his prayers were dismissed by High Court judge Chacha Mwita.
According to the renown activist, the withdrawal by the National Super Alliance candidate Raila Odinga and his running mate Kalonzo Musyoka from the repeat exercise put an end to the election by operations of the law, thus triggering application of the Constitution on the procedure for fresh elections.
The Opposition chiefs withdrew from the October race after IEBC refused to implement a list of their demands christened irreducible minimums. They said the electoral agency was not ready to conduct a free and fair election as instructed by the apex court during the voiding of the August 8 presidential election.
Nasa quoted the IEBC chairman Wafula Chebukati and former commissioner Roselyn Akombe who had raised credibility doubts prior to the poll.
Citing a 2013 ruling by the Supreme Court, Raila said their withdrawal was to pave way for fresh polls, including nomination of candidates.
Aukot however says Raila and Kalonzo voluntarily and of their own volition boycotted the October 26 rerun.
He went on to add that Omtatah has come up with a well planned scheme to dupe the court into determining issues that have already been adequately addressed by the court.
“The petition does not disclose any cause of action since he has not established any legitimate interest that has been affected by the conduct of the fresh poll by the IEBC in compliance with order of this court,” Aukot noted.