NAIROBI (Xinhua) --
Two petitions have been filed against the
re-election win of Kenyan President Uhuru Kenyatta, delaying the
intended swearing-in of Kenyatta who was re-elected the head of
state in polls on Oct. 26.
Two civil society activists—Njonjo
Mue and Khelef Khalifa—moved to court on Monday evening charging
that the Independent Electoral and Boundaries Commission (IEBC)
did not conduct the fresh election in strict conformity with the
Constitution and the applicable laws concerned, and as directed
by the Supreme Court on Sept. 1.
They contended that the IEBC and its chairman Wafula
Chebukati failed to subject the eight presidential candidates to
fresh nominations as per the Constitution and the appliable laws
"The election conducted by the first and second Respondents
on Oct. 26 failed to meet the general principle stipulated under
Article 81(d) of the Constitution of Kenya of universal suffrage
based on the aspiration for fair representation and equality of
vote," one of the petitions reads.
The petitioners said Section 83 of the Elections Act
contemplates that where an election is not conducted in
accordance with the Constitution and the written law, then that
election must be invalidated notwithstanding the fact that the
result may not be affected.
They argued that the IEBC fixed the date of the repeat poll
on Sept. 5, without consultations and the decision appear to
have been influenced or directed by the government.
They also alleged that the Commission failed to meaningfully
engage and implement reforms and changes called for by the
opposition National Super Alliance (NASA), which would have
created a level playing field for all the contestants in the
This led to the withdrawal of two other candidates—Raila
Odinga and Stephen Kalonzo Musyoka—on Sept. 10.
And contrary to law and legitimate expectation, the
petitioners said, the IEBC disregarded the withdrawal of
Odinga’s candidature and decided to proceed with the election
with his name on the ballot.
They also charged that it was wrong for the Commission to
have included presidential candidate Cyrus Jirongo’s name in the
ballot without first gazetting his name.
The decision to include Jirongo’s name was disclosed by
Commissioner Abdi Guliye in an interview he conducted while on a
trip to Dubai on Oct. 18 and was published by print media on
Guliye admitted that Jirongo had not been gazetted as a
candidate on Oct. 25.
"Even so, although the petitioners aver that both the results
and the conduct of the election were affected and rendered
invalid, the petitioners’ position is that the non-compliance
with the Constitution, the written laws and the Rule of Law is
sufficient to invalidate the Presidential Election," Mue said in
a sworn affidavit.
They argued that without conducting a nomination, there was
no basis for the fresh because the process for the election had
not been initiated.
Mue said the Commission was operating outside the law and
therefore the election should have been rendered invalid from
He said Kenyatta was elected without a nomination
certificate, therefore his election is invalid.
Harun Mwau, former assistant minister, has filed a similar
petition arguing that the election is void since there was no
The hearing of the petition is likely to start on Sunday or
Monday, depending on the speed at which the respondents file
According to the timelines, the petitioners have two days to
serve the petition to the respondents who are Chebukati and
The respondents will have four days to file their responses
and a pre-trial conference will be heard on the eighth day,
followed immediately with the hearing. Judges have only four
days to hear and determine the case.
If the two petition cases go through, they might also send
Kenyans to yet another fresh presidential election in the next