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David Maraga certifies as urgent case to stop Kenya election

Chief Justice David Maraga has issues new orders following a petition seeking to stop the repeat presidential poll slated for Thursday.

The CJ certified  a case filed by 3 voters seeking to stop Thursday’s  poll as urgent and has directed the petitioners— Mr Khalef Khalifa,Mr Gacheke Gachuhi and Mr Samuel Mohochi— to file their submissions by Tuesday 6pm.

Mr Marags has also asked the respondents— IEBC and presidential candidates (President Uhuru Kenyatta,Raila Odinga and others)— to file their responses and submissions by Wednesday morning.

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The case will be heard tomorrow despite being a public holiday by CS Fred Matiang’i.

The three want the repeat poll adjourned arguing that the prevailing environment in the country cannot guarantee a free,fair and credible credible election.

Through their lawyers Harun Ndubi and John Khaminwa, the petitioners further argue that IEBC staff are divided ,therefore making it impossible to have credible exercise.

They also claim in the petition that,Mr Odinga having pulled out of the repeat Presidential race, more than six million voters stand a real danger of being disenfranchised.

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They argue that the gazette notice announcing the new poll date stands vacated after Mr Odinga abandoned the race.

The petitioners also claim that continued political interference, intimidation, threats and pressure from politicians and protestors, towards IEBC and its staff has hampered proper poll preparedness.

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“That there is evidence that establishes real threat that the scheduled fresh election shall not comply with the order of the Supreme Court,” reads part of the application as seen by The Daily Nation.

There is a risk, they argue, that the Thursday’s election might not be held in a significant number of regions,thereby plunging Kenya into chaos.


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