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Maraga Issues Direction In New Petition Challenging October 26th Poll

Chief Justice David Maraga on Monday directed IEBC chairman Wafula Chebukati to file a response to a new petition challenging conduct of the repeat presidential election held on October 26th.

Activist Okiya Omtatah has filed the petition at the Supreme Court terming the just concluded presidential poll a sham.

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According to The Standard Digital,the petition has included all the presidential candidates as interested parties.

In a statement, the Deputy Registrar of the Supreme Court directed that the petition be served to Mr Chebukati by this Thursday and brought for hearing on November 10th.

“The applicant should serve their applicants with written submissions by 5pm on Thursday 2nd November. The respondents should file a rejoinder to the respondents written submissions by 5pm on Tuesday 7th November.”read the statement in part as seen by The Standard.

Activist Okiya Omtatah | PHOTO The Star
The Supreme Court further directed that the matter be mentioned before the Deputy Registrar for compliance on Friday November 10th at 9.00am.

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In the petition, Okiya argues that the Thursday’s election be invalidated on grounds that the withdrawal of National Super Alliance (Nasa) leader Raila Odinga and his deputy Kalonzo Musyoka rendered it null and void.

“The results of the purported fresh presidential election held on 26th October 2017 are invalid, null and void and of no consequences under the law,” said Omtatah in his application.

Omtatah was referring to 10th October 2017 NASA’s Odinga and his running mate Musyoka joint decision to quit the October poll claiming that the Electoral body had failed to addresses their proposals for reforms to guarantee credible elections.

The decision to quit the poll race automatically vacated them by an act of the law,Says Omtatah.

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He further wants the Apex Court to give directions on the implications of the withdrawal of the two opposition leaders from the repeat poll .
Omtatah has included President-elect Uhuru Kenyatta and Raila Odinga and other Presidential candidates as respondents in the petition.


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