Thirdway Alliance party leader Ekuru Aukot had a heated exchange with former Chief Justice Willy Mutunga on the petition filed by Azimio la Umoja coalition.
Aukot took to Twitter on Tuesday to dismiss the petition that was filed by Azimio's Raila Odinga, terming it as a waste of time.
"Wasting time of Kenyans on a frivolous lawsuit or petition should be criminalized," he tweeted.
In response, Mutunga questioned Aukot if he did not take part in making the 2010 constitution.
"Says the former secretary of the committee of experts that gave us the 2010 constitution. What a pity. Greatly misguided."
"A petition needs a remedy. How can that be criminalized? Smacks of fascism," Mutunga wrote.
Mutunga further demanded an explanation from Aukot on the basis of him wanting the petitioners to be charged with a criminal offense.
"You have not addressed the criminalization! And I don’t know which provision of the Constitution decrees that Kenyans cannot file petitions however frivolous. It’s the Supreme Court that will decide if they are," Mutunga added.
However, the 2010 Constitution allows one to challenge the process, outcome or any aspect of the election of a President in accordance with Articles 136, 139 (1) (b) and 146 (2) (b) of the Constitution of Kenya, 2010.
Azimio presidential candidate and the legal team filed both physical and electronic copies on Monday of the presidential petition challenging President-Elect William Ruto's victory.
IEBC chair Wafula Chebukati announced Ruto the winner with 7,176,141 votes while Raila received 6,942,930 votes.
