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IEBC wants Supreme Court to dismiss October 26 petition

The electoral commission together with its chairman Wafula Chebukati and President Uhuru Kenyatta have asked Chief Justice Maraga to dismiss a case filed by activist Okiya Omtatah seeking the nullification of the controversial October 26 presidential election.

In an affidavit filed on Thursday (November 9) in response to Omtatah’s petition, IEBC chair claimed that the petition is an abuse of court process, arguing that the Supreme Court lacks jurisdiction to hear and determine the case.

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“To the extent that the petition was filed on 27th October 2017 which was before the declaration of results of the fresh presidential election on 30th October, 2017, the petition lacks the requisite legal foundation and ought to be dismissed,” says IEBC,Citizen Digital reports.

On the issue of not conducting fresh nominations prior to the repeat poll, IEBC says that the full exercise of the nominations processes requires more than the stipulated 60 days timeline and that it was therefore impracticable for nominations to be held in the case of repeat poll.

On the other hand,President Uhuru Kenyatta has termed the suit an abuse of court process.

Mr Kenyatta, while responding to the Omtatah’s petition, said the applicant had failed to table evidence to support his claims.

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The head of state said the validity the October 26 fresh poll was not justiciable because Omtatah moved to court on October 27 when a President-elect had not been declared.

He said the validity of an election can only be determined after the results have been declared by the IEBC.

“The Petition is a misuse of the vehicle of public interest litigation and an abuse of court process”, he said as quoted by The Star.

He also faulted Omtatah for relying on a press statement by former commissioner Dr. Roselyne Akombe which he says is simply hearsay.

Hearing of the petitions are set to be led at the pre-trial conference on Tuesday and full hearing to follow.


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