Jubilee sues Raila for defying Supreme Court on repeat election

Jubilee secretary general Raphael Tuju addresses the media at the party's headquarters in Pangani, Nairobi, May 16, 2017. /SAM KISIKA
Jubilee secretary general Raphael Tuju addresses the media at the party's headquarters in Pangani, Nairobi, May 16, 2017. /SAM KISIKA

Jubilee Party has filed a contempt case against NASA leader Raila Odinga at the Supreme Court.

Secretary general Raphael Tuju file the petition on Thursday, saying Raila and his supporters have vowed to cripple the election.

He noted this is despite the court's order for the

IEBC to conduct a fresh election within 60 days. The court made the ruling on September 1, following a petition by Raila.

The ruling also nullified President Uhuru Kenyatta's election. IEBC had declared him winner of the August 8 by more than 1.4 million votes against the NASA leader.

Tuju says sought as they are crucial to the maintenance of the rule of law and upholding the authority and dignity of the court.

"[NASA] are the ones who approached this honourable court for orders directing the IEBC chair to hold fresh elections,"

reads part of the petition.

"The constitution, the orders of this court and the interests of the public must take precedence and [NASA] cannot be allowed to use this court for political expediency without regard to the rule of law."

Tuju also accused the Opposition of "creating anarchy and ascending to power in a manner other than through fresh elections".

He claims the Opposition has conducted itself maliciously without any regard to the rule of law and sanctity of the judicial process.

"The applicant is apprehensive that [NASA leaders] will continue with actions aimed at ensuring that the orders of this honourable court are not implemented and irreparably prejudice the other candidates in this matter and the people of Kenya as a whole."

The SG further said the NASA principals have resorted to unlawfully ensuring all orders of the court are not implemented by creating a serious impediment to IEBC and chair Wafula Chebukati from preparing for a fresh election.

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He said despite the court having made a decision, the actions by the principals display arrogance and lack of respect to the law.

"The utterance, threats and accompanying violence are ill-conceived acts of bad faith by persons seeking public office," the petition says.

He said the petitioners have cynically interpreted the court's decision as a license to ride roughshod over all constitutional values and asserted their will over the electoral process with irreducible minimums.

NASA intends to hold countrywide demonstrations on election day next Thursday.

Despite saying it will be unable to guarantee a credible poll, IEBC has said it will still conduct the repeat election.

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