The President of the Supreme Court on Monday directed all
the eight presidential candidates to file a response to a riveting petition
seeking to annul the just concluded repeat presidential polls.
Despite his bowing out, Nasa presidential candidate Raila
Odinga who was enjoined in an interested party in the activist Okiya Omtatah
petition, Mr Odinga has been ordered by the CJ David Maraga’s Deputy Registrar
to file a response to by close of business Tuesday 7th November at 5pm.
“The applicant should serve their applicants with written
submissions by 5pm on Thursday 2nd November,” the Supreme Court directed.
It added: “The respondents should file a rejoinder to
the respondents written submissions by 5pm on Tuesday 7th November.”
The Court further directed that activist Omtatah’s petition,
which was filed way before the official announcement of the repeat polls
winner, would be mentioned November 10, four days before the would be
swearing-in date for president-elect Mr Uhuru Kenyatta.
The seasonal activist through a petition to the Supreme
Court argued that the withdrawal of Nasa’s Raila Odinga from the repeat polls
race on October 10 rendered the repeat polls invalid and any attempt to
announce the winner, would amount to violation of the constitution.
Mr Omtatah sued IEBC chairman Mr Wafula Chebukati earlier
before the repeat polls, after Mr Odinga quit the race, and is not clear
whether he will contest the numbers announced by the Commission on Monday which
awarded Mr Kenyatta a resounding victory of 98 per cent.
“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,” Mr Omtatah submitted in his application.
Mr Omtatah is also set to serve the same petition to other
presidential candidates Ekuru Aukot, Dida Abduba, Mwaura Wainaina, Joseph
Nyagah, Kaluyu Kavinga and Mr Jirongo as respondents in the petition.
IEBC in the recent past has been thrown in circus of legal
controversy with numerous legal battles to settle in court, even hours to the
repeat polls. Earlier, the court in fact ruled that the Commission broken the
law in gazetting the Returning Officers who were to steer the repeat polls
exercise.
Meanwhile, hours after the declaration of Mr Kenyatta (who
is also an interested party in Omtatah’s suit) the president-elect, Nasa
Presidential candidate Mr Raila Odinga said that he would be giving his way
forward to his supporters on Tuesday.
Earlier, there were claims from Nasa lawyer and Siaya
Senator that there “was an elaborate plan to sear in the former premier as
the president using the annulled August 8 polls results.”
