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February 20, 2018

Omtatah files petition to bar IEBC from declaring Uhuru president-elect

Okiya Omtata. FILE
Okiya Omtata. FILE

Activist Okiya Omtatah has filed a petition seeking to bar the IEBC from declaring Uhuru Kenyatta the president-elect following the withdrawal of Raila Odinga from the October 26 election.

On Tuesday, the NASA candidate Raila Odinga withdrew from the race and demanded that IEBC calls a fresh election.

"Pending the hearing and determination of this Application and/or the Petition herein the Honorable Court be pleased to issue a temporary order of injunction restraining the 1st and 2nd Respondents, its agents, servants, or any person claiming to act under its authority from proceeding to announce President Uhuru Muigai Kenyatta as the President-elect following the withdrawal of the presidential and deputy presidential candidates representing the National Super Alliance," the petition read. 

Read: BREAKING NEWS: Raila withdraws from race, demands fresh election

Omatata said his application is extremely urgent since the NASA candidates have withdrawn from the elections.

"Both the orders sought herein are required to preserve the main motion from being rendered nugatory where successful. This application and petition will be rendered nugatory if the orders sought herein are not granted and the 1st and 2nd respondents declare President Uhuru Muigai Kenyatta the president-elect," he said. 

 Granting the orders sought herein will advance the cause of justice and is not determinative of the Petition. The balance of convenience favours the granting of the orders sought in this application, he said. 

The court said the court has unfettered powers and jurisdiction to make the orders sought.

Read: Must Raila vie? Report on election law changes to give direction

Also read: 'Let the worst happen': NASA lawmakers to boycott election laws debates

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