Activist Okiya Omtatah has filed a petition under a certificate of urgency at the supreme court nullify the results of the fresh elections conducted on October 26. He said that the presidential elections have literally divided the country in the middle and that the court should make a pronunciation on the validity of the elections before harm is caused.
The petition which is filed against the chairman of the IEBC, Wafula Chebukati and the commission as the first and second respondent and has put all the presidential candidates as interested parties.
Okiya Omtatah has asked the court to exercise its jurisdiction and pronounce the consequences of the decision by NASA leader Raila Odinga and his running mate Kalonzo Musyoka to withdraw from the race with reference to the binding decision in the 2013 presidential petition where the Supreme court said that if one abandoned an election then a fresh elections would be held.
He also asked the Supreme Court to bar the IEBC from wastage of public resources in an exercise that is futile.
Okiya Omtatah wants the court to bar the IEBC from announcing and displaying the results of Raila Odinga who had abandoned the election on October 10 through a letter that was received by the Chairman of the IEBC Wafula Chebukati.
Okiya Omtatah had earlier filed a petition on October 11 to stop the IEBC chairman from declaring Uhuru Kenyatta as the president after Raila odinga had abandoned the elections. This petition was dismissed by High court judge Mativo who said that the court had no jurisdiction to determine the matter.
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