President Uhuru Kenyatta’s Jubilee party has once again opened a fresh legal battle with Raila Odinga NASA over poll impasse.
After garnering over 7.4million votes in the October repeat poll boycotted by Raila Odinga, Jubilee Party on Thursday filed a petition at the Supreme court seeking a declaration to uphold Uhuru’s election.
The petition filed by Pokot South MP David Pkosing wants the Supreme court to affirm President Uhuru Kenyatta’s legitimacy and declare that he was validly elected during the October 26th fresh presidential polls.
The case filed yesterday, also seeks to declare NASA’s last week’s boycott of the repeat presidential election as unlawful and inconsequential.
Through his lawyer Kibe Mungai,Hon Pkosing argues that NASA leader Raila Odinga and his running mate Kalonzo Musyoka committed an electoral offense after orchestrating the election boycott that made it impossible for IEBC officials to do their job in Siaya, Kisumu, Homa Bay and Migori counties.
“Their wilful decision to subvert and ensure that fresh elections were not held in some constituencies amounted to treason and they should be punished for the offence through a criminal process. They were obliged to obey the Supreme Court, which ordered the fresh election,” said Pkosing.
According to sources, Jubilee party made the preemptive petition after getting wind that some Civil society groups were reportedly putting together a petition challenging the re-election of President Kenyatta within the required timeline. The seven-day deadline to file petitions with the Supreme Court expires on Sunday.
It’s alleged that the Pokot South MP was pushed to file the petition after growing fears of a possibility of questioning the validity of Uhuru’s win based on the 25 constituencies that did not participate in the election and the low voter turnout occasioned by NASA’s withdrawal from the race. He argues failure by Supreme Court to validate Uhuru win may lead the country to unwarranted political crisis.
“I am convinced that failure to validate Mr Kenyatta’s win will be fatal given that the presidential election has created a political climate for revolutionary political change and assault on the integrity and competence of IEBC based on misinterpretation of facts,” he said.