Njonjo Mue, Khelef Khalif file petition against Uhuru's win

ICJ chairman Njonjo Mue with lawyer Julie Soweto at the Supreme Court registry on Monday, November 6, 2017. /CAROLE MAINA
ICJ chairman Njonjo Mue with lawyer Julie Soweto at the Supreme Court registry on Monday, November 6, 2017. /CAROLE MAINA

A third petition seeking to nullify President Uhuru Kenyatta's October 26 win was filed at the Supreme Court on Monday hours before the midnight deadline.

This was filed by Njonjo Mue, the chairman of the International Commission of Jurists, and activist Khelef Khalif.

They argue that the fresh poll was not held in strict conformity with the Constitution, the applicable laws, and as directed by the September Court on September 1.

They want the apex court to declare that Uhuru was not validly elected and that the declaration by IEBC chairman Wafula Chebukati is null and void.

The petitioners have faulted the electoral agency for failing to conduct any nominations of presidential candidates prior to gazetting the names of the eight contenders.

A similar one was filed earlier by former Kilome MP Harun Mwau while another was by two youths namely George Bush and John Chengo.

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The two young men, however, said they don't have the Sh1.5 million required to file a presidential petition.

They filed a paupers brief, which is an application that seeks courts permission to file a case without paying court fees if one is unable to raise the funds.

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In their petition, Mue and Khalifa want the court to order IEBC and Chebukati to make available, within 48 hours, all the election materials used during the repeat vote.

They want polling day diaries, electronic documents, devices and equipment for the presidential election and the forms 32As used in the complementary system.

The duo also wants the court to order all the Secure Digital (SD) cards from the KIEMS kits that were used, unused or expected to be used in the fresh election.

They want the equipment, whether they were deployed or not for the election, be secured for purposes of the case.

They argue that the evidence will prove that election, as conducted, failed to meet the general principle stipulated under Article 81(d) of the Constitution of Kenya.

Their argument is the poll was not free from violence, intimidation, improper influence or corruption.

It is also their contention that the fresh poll was not conducted by an independent body and was not administered in an impartial neutral, efficient, accurate and accountable manner.

"The fresh election was not transparent....was further marred by illegalities and irregularities," they aver in their application.

The petitioners also want the court to issue orders for access to the KPMG audit report on the voter register, scrutiny of forms32A and the polling day diaries prepared by the returning officers.

Also being sought is an order for scrutiny and audit of all the returns of the presidential election including but not limited to forms34A, 34B, and 34C.

If its proved there was non-compliance, irregularities, and improprieties in the presidential election that were substantial and significant, the petitioners want the court to hold that the same affected the entire results.

They want the court to order IEBC to organize and conduct a fresh presidential election in strict conformity with the Constitution and the Elections Act.

They also want orders issued to the polls body to commence the process by conducting fresh nominations.

The two also argue that the withdrawal of NASA leader Raila Odinga from the repeat vote meant that the elections were cancelled.

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