NAIROBI (Xinhua) --
A Kenyan politician on Monday filed a
petition at the Supreme Court challenging the validity of
President Uhuru Kenyatta’s re-election in the fresh presidential
polls on Oct. 26.
The petition, which was filed by
Harun Mwau, is expected to delay Kenyatta’s swearing-in as the
country’s apex court sits to consider the merits of the
In his petition, Mwau accused the Independent Electoral and
Boundaries Commission (IEBC) of violating the law by failing to
subject candidates to fresh nominations as required by law and
also as directed by the Supreme Court.
He said the IEBC violated sections of the constitution by
failing to comply with the mandatory requirement by subjecting
the eight presidential candidates to fresh nominations.
Mwau also alleged that the electoral body and its chairman,
Wafula Chebukati, failed to ensure the voting was simple and
transparent because the election was not lawfully done because
no candidate was validly nominated.
He argued that failure by the IEBC to publish the nomination
date in the gazette notice announcing the repeat poll was
"unconstitutional, illegal, invalid, irregular and in violation
of articles in the Elections Act."
The former lawmaker said the commission failed to regulate
the nomination of candidates in their respective parties by
refusing to monitor the compliance of candidates with
nominations laws against Article 88 of the constitution.
"Proceeding to conduct fresh presidential elections without
nominated candidates, nominations, without fees, and without
giving persons listed as candidates equal campaign period,
directly affected the conduct and results of the fresh
presidential elections of Oct. 26," the petition reads.
Despite clear constitutional and electoral laws, which
provide the manner, conditions, precedent and timeframe within
which presidential elections are to be held, and the Supreme
Court order of Sept. 1, Mwau said, the commission deliberately
disobeyed the said orders and applicable laws.
"This renders the elections held on Oct. 26 invalid as they
were conducted in an unconstitutional, irregular, illegal manner
and in flagrant disobedience of the court directions."
The opposition leader, Raila Odinga, withdrew from the Oct.
26 fresh presidential elections citing failure by the IEBC to
implement reforms and act against staffers who bungled the Aug.
8 which was nullified.
The Supreme Court will have four days to hear and determine
the dispute, and if the case sails through the preliminary
stage, the hearing will start on Nov. 13.
The court will have until Nov. 16 to decide whether to uphold
Kenyatta’s win or to order for yet another fresh poll within 60
If Kenyatta’s re-election is upheld, he will be sworn in on