A NASA SUPPORTER REACTS OUTSIDE SUPREME COURT OF KENYA ON AUGUST 18,2017 WHERE THE ODM LEADER RAILA ODINGA WAS TO FILE A PETITION CHALLENGING THE RE-ELECTION OF UHURU KENYATTA AS THE PRESIDENT. PHOTO | JEFF ANGOTE | NMG
What you need to know:
The Supreme Court is set to start the hearing with a pre-trial conference, where parties agree on rules of engagement, before oral submissions by lawyers.
Nasa’s presidential candidate Raila Odinga said his push for “electoral justice” will continue even if the seven-judge Bench throws out the 9,000-page petition.
Nasa Members of Parliament held a parliamentary group meeting on Friday to iron out differences that had emerged among the principals over plans for a protest in case of an unfavourable outcome.
IEBC chairman Wafula Chebukati, who has also been listed as a respondent in the petition, has sworn an affidavit, saying as a returning officer for presidential elections, all Form 34A and Form 34B were filed as required by law.
The hearing of the election petition by the opposition, the National Super Alliance (Nasa), challenging the declaration of President Uhuru Kenyatta as the winner in the August 8 election is set to begin Saturday.
The opposition said it is planning to hold night vigils outside the country’s top court to push for “electoral justice.”
The Supreme Court is set to start the hearing with a pre-trial conference, where parties agree on rules of engagement, before oral submissions by lawyers.
Nasa’s presidential candidate Raila Odinga said his push for “electoral justice” will continue even if the seven-judge Bench throws out the 9,000-page petition.
Nasa Members of Parliament held a parliamentary group meeting on Friday to iron out differences that had emerged among the principals over plans for a protest in case of an unfavourable outcome. They agreed to hold night vigils outside the Supreme Court for seven days.
“We agreed that all members present here and those who could not make to the meeting will join us for the prayers,” said co-principal Moses Wetang'ula after a parliamentary group meeting. Mr Wetang'ula is the senator-elect for Bungoma County.
Mr Odinga argued that seven judges cannot make a decision that affects 44 million Kenyans.
The Supreme Court judges are Chief Justice David Maraga, Deputy Chief Justice Philomena Mwilu and Justices Jacktone Ojwang’, Njoki Ndung’u, Smokin Wanjala, Ibrahim Mohammed and Isaac Lenaola.
According to Mr Odinga, the push for “electoral justice” would go on even if the Supreme Court judges uphold the election of President Kenyatta.
This prompted the seven Supreme Court judges to issue a warning to President Kenyatta, Mr Odinga and their supporters to stop commenting on the petition to safeguard the independence of the judiciary.
In his affidavit filed in court on Thursday night to pave the way for a pre-trial conference, President Kenyatta dismissed Mr Odinga’s assertion that the results announced by the Independent Electoral and Boundaries Commission were generated by computers.
“The Deputy President and I are not computer generated leaders. The electoral victory was effected by the Kenyan voters,” President Kenyatta said.
According to President Kenyatta, the alleged anomalies, which have been cited by Mr Odinga in the petition have no grounds, saying his re-election was based on his development track record that majority of Kenyans have enjoyed over the past five years.
For instance, President Kenyatta denied using state resources to campaign, arguing that government operations do not stall during an election period.
President Kenyatta has put together a team of senior lawyers led by senior counsel Fred Ngatia, who defended him in a similar petition in 2013. Other lawyers are Ahmednassir Abdulahi, Evans Monari and Katwa Kigen.
Not last resort
IEBC chairman Wafula Chebukati, who has also been listed as a respondent in the petition, has sworn an affidavit, saying as a returning officer for presidential elections, all Form 34A and Form 34B were filed as required by law.
Musalia Mudavadi, who headed the Nasa presidential campaign team, said the Supreme Court will not be the last resort as the opposition has lined up other options to fight what he called “electoral fraud” should they lose in the Supreme Court.
“Jubilee committed high crimes to get to office, which has been a trend since 2007 but Nasa will not allow them to stay in office. As we challenge the result of the presidential race we are going to challenge the results of the Gubernatorial, Senatorial, National Assembly and County Assembly representatives. All these races were rigged and specifically targeted electoral units. Jubilee’s fraudulent win in all races is not synonymous with winning the presidency,” said Mr Mudavadi.
Mr Odinga had earlier in the week, launched what he called a national campaign for truth and electoral justice in Kenya to bring an end to rigging of elections.
However, Mr Odinga’s war with President Kenyatta after the Supreme Court verdict has divided the opposition, with Kalonzo Musyoka and Isaac Ruto expressing their dissatisfaction with any battle outside the court.
Nasa delayed announcing its decision to go to court by a day due to a stand-off that ensued at a meeting of the five principals, which had been convened to discuss the way forward as the majority supported a speech to concede defeat.
Mr Odinga is said to have favoured mass action but a deal was a struck after Mr Mudavadi insisted that the rigging claims be exposed in the Supreme Court instead of sweeping the matter under the carpet.
