Prime Minister Raila Odinga's Cord yesterday postponed lodging its petition against the election of Uhuru Kenyatta as president citing "strategic reasons". Instead, they will file the petition today.
Speaking on Cord’s behalf, Lands minister James Orengo said they want to file the petition after other organisations have lodged theirs, so that the public understands Cord’s grounds well.
“We were ready to file the petition today (Friday). We have since learnt that there are several petitions prepared by other entities which are being filed today. It is our wish that our petition is not mixed with any other," Orengo told journalists.
He said all their documents and affidavits are ready for filing. Orengo added he had secured assurance from Chief Justice Willy Mutunga that the Supreme Court registry will be open on Saturday to receive the petition.
Cord had insisted they would file the petition yesterday despite efforts by the Independent Electoral and Boundaries Commission to frustrate them.
“Non-compliance by the IEBC is a violation of the constitution which gives the citizens rights to information. We are looking for those documents because we are entitled to them and not because it is an exercise in which we are groping in the dark. I have a feeling that this is the most opaque electoral commission in the history of Kenya,” said Orengo.
He said the petition is not vexatious having taken them six days to prepare. Late on Thursday evening, three voters filed a case in the Supreme Court challenging the inclusion of rejected votes in the presidential election tally.
Blogger Dennis Itumbi, TNA strategist Moses Kuria and Florence Sergon want the court to determine if IEBC chairman Issack Hassan was right in using the rejected votes in calculating the percentage each presidential candidate obtained in the final tally.