The Supreme Court has rejected a case filed by two youths
who wanted to be allowed to challenge the re-election of President Uhuru
Kenyatta without paying the pre-requisite deposit of Ksh.1.5 million.
Supreme Court Deputy Registrar Daniel Ole Keiuwa ruled that
the application does not meet the threshold for filing under rule 4 (2) of the
Supreme Court (presidential Election Petition) Rules 2007 as read with rule 50
of the supreme court.
The two – George Bush and John Chengo – on Monday
evening filed an application known as Forma Pauperis. Bush and Chengo, who
are former Moi University student leaders, filed a pauper’s brief which allows
a poor person to argue in court without paying court fees claiming they live in
grinding poverty.
Meanwhile, two other petitions have been filed to challenge
the validity of the October 26 poll. One of the cases which were lodged a few
hours to the Monday evening deadline is by former Kilome Member of
Parliament Harun Mwau and the other by and another by Njonjo Mue and
Khelef Khalifa.
In his petition, Mwau argues that “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 26th October 2017.”
Mue and Khalifa claim that “IEBC and Wafula Chebukati
spectacularly failed to exercise independence while conducting the fresh
presidential election.” The want the court to nullify the election of President
Kenyatta.
Respondents named in the election petition challenging the
re-election of President Uhuru Kenyatta have until tomorrow evening to file
their responses.
The respondents in the case include President Uhuru
Kenyatta, IEBC together with its chairman Wafula Chebukati.
Another petition was also filed by Institute of Democratic
Governance which seeks to have NASA opposition coalition leaders led by
Raila Odinga held liable for violence and damages during the period of fresh
presidential election.
