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July 17, 2018

Record 277 petitions filed over August 8 election, Nairobi leading

"Nairobi county accounts for the highest number of petitions (29) followed by Kakamega (25), Kisii (25) and Kilifi 23." /FILE
"Nairobi county accounts for the highest number of petitions (29) followed by Kakamega (25), Kisii (25) and Kilifi 23." /FILE

A record 277 petitions arising from the August 8 polls have been filed in courts nationwide.

A master document to court registrars and their deputies shows most seats targeted in the petitions are held by Jubilee. The petitioners who lost the August polls vied under NASA parties or those allied to Jubilee.

The counties for which petitions have been filed include Busia, Embu, Garissa, Homa Bay, Kajiado, Kirinyaga, Kilifi (2), Kisii (2), Kisumu, Kwale, Lamu, Machakos, Mandera, Marsabit, Migori, Meru, Mombasa, Nairobi, Narok and Nyamira.

The others are Samburu, Siaya, Taita Taveta, Tana River, Trans Nzoia, Turkana, Wajir (2) and Vihiga.

This means 31 petitions have been filed against winners of the county chief races.

A record 14 petitions have been filed against Senators - Garissa, Homa Bay, Kilifi, Kirinyaga (2), Kisii, Lamu, Machakos, Mandera, Meru, Narok, Trans Nzoia and Wajir (2).

Eleven people have also filed High Court petitions to challenge the election of woman representatives. These are in Garissa, Kilifi, Kisii, Kisumu, Kwale, Marsabit, Mombasa, Siaya, Trans Nzoia, Turkana, Wajir. For MP positions, 221 petitions have been filed.

Nairobi county accounts for the highest number of petitions (29) followed by Kakamega (25), Kisii (25) and Kilifi 23.

The petitioners say the poll was marred by irregularities and should be nullified for fresh elections to be held.

They have also cited the Supreme Court ruling which declared President Uhuru Kenyatta's re-election null and void. Chief Justice David Maraga said the law and the constitution were not followed.

A good number of complainants also argue their successful competitors did not have the requisite academic qualifications to vie in the poll.

The Judiciary will also deal with 44 cases filed in protest against nomination lists by ODM, Jubilee, Wiper, Federal Party of Kenya, ANC and the Party of Reforms and Development.

IEBC published the long-awaited party nomination lists in the Kenya Gazette on August 25.

Uhuru's Jubilee Party was awarded half of all nominations while its affiliates and NASA member parties scrambled for the remaining positions.

On Monday, the President said he is not worried about the October 17 repeat election as his coalition has the numbers to easily impeachment Raila Odinga should he become President.

MPs Opiyo Wandayi (Ugunja) and Christopher Karan (Ugenya) laughed off Uhuru's threat saying he is confused and under pressure and that they "do not enjoy the super majority in Parliament as enshrined in the constitution".

More on this: [VIDEO] We'll impeach 'president Raila' in 3 months, Jubilee has numbers - Uhuru

Also read: Uhuru is confused, MPs Wandayi, Karan say on Raila impeachment threat

By law, petitioners other than those aggrieved by the presidential election, are supposed are supposed to file their complaints 28 days after the declaration of results.

 The magistrates’ courts will handle the bulk of cases, a total of 165, including those challenging party lists.

According to a list by the Judiciary, High Courts will handle a total of 154 cases including those on party lists.

Cases challenging the posts of governor, MP (including woman representatives), senators and MCAs will be determined within six months from the date of filing.

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