Kanu secretary general Nick Salat
wants the Supreme Court to
review a judgement it delivered last year
which declared Bomet Senator Wilfred
Lesan as validly elected.
Salat through lawyer Titus Koceyo
said there are “exceptional” errors on the
judgement that warrant a review.
In an application before the Supreme
Court deputy registrar Ann Asugah,
Koceyo said even though the apex court
held that scrutiny and recount is to
ensure transparency in an electoral process,
the court went ahead and upheld a
decision by judge Agrey Muchelule who
declined a scrutiny and recount of votes.
Appellate judges Patrick Kiage,
Gatembu Kiarie and M’Inoti Kathurima
heard the appeal case.
Kiarie and Kathurima upheld justice
Muchelule’s decision while Kiage
dissented.
Koceyo said a there will be injustice if
the court does not address the issues
raised in his client’s petition.
He said his suit raises legal issues
which meet the threshold set by the
Supreme Court Act and requires determination
by the judges headed by Chief
Justice David Maraga.
Others are Deputy Chief Justice Philomena
Mwilu, judges Mohamed Ibrahim,
Jacktone Ojwang, Smokin Wanjala, Njoki
Ndung’u and Isaac Lenaola.
In the same court, an election loser
wants a review of an election petition
which determined Nyando MP Fred Outa
was elected in a free and fair election.
Jared Okeyo of Ford Kenya lost the election
petition at the High Court.