The President of the Supreme Court on Monday directed all the eight presidential candidates to file a response to a riveting petition seeking to annul the just concluded repeat presidential polls.
Despite his bowing out, Nasa presidential candidate Mr Raila Odinga has been ordered by CJ David Maraga’s Deputy Registrar to file a response to the Okiya Omtatah petition seeking to annul President Uhuru Kenyatta's victory by close of business Tuesday 7th November at 5pm. Mr Odinga was enjoined in the dossier as an interested party, along with seven other candidates.
“The applicant should serve their applicants with written submissions by 5pm on Thursday 2nd November,” the Supreme Court directed.
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It added: “The respondents should file a rejoinder to the respondents written submissions by 5pm on Tuesday 7th November.”
The Court further directed that activist Omtatah’s petition, which was filed way before the official announcement of the repeat polls winner, would be mentioned November 10, four days before the would be swearing-in date for president-elect Mr Uhuru Kenyatta.
The seasonal activist through a petition to the Supreme Court argued that the withdrawal of Nasa’s Raila Odinga from the repeat polls race on October 10 rendered the repeat polls invalid and any attempt to announce the winner, would amount to violation of the constitution.
Mr Omtatah sued IEBC chairman Mr Wafula Chebukati earlier before the repeat polls, after Mr Odinga quit the race, and is not clear whether he will contest the numbers announced by the Commission on Monday which awarded Mr Kenyatta a resounding victory of 98 per cent.
“The results of the purported fresh presidential election held on 26th October 2017 are invalid, null and void and of no consequences under the law,” Mr Omtatah submitted in his application.
Mr Omtatah is also set to serve the same petition to other presidential candidates Ekuru Aukot, Dida Abduba, Mwaura Wainaina, Joseph Nyagah, Kaluyu Kavinga and Mr Jirongo as respondents in the petition.
IEBC in the recent past has been thrown in circus of legal controversy with numerous legal battles to settle in court, even hours to the repeat polls. Earlier, the court in fact ruled that the Commission broke the law in gazetting the Returning Officers who were to steer the repeat polls exercise.
Meanwhile, hours after the declaration of Mr Kenyatta (who is also an interested party in Omtatah’s suit) the president-elect, Nasa Presidential candidate Mr Raila Odinga said that he would be giving his way forward to his supporters on Tuesday.
Earlier, there were claims from Nasa lawyer and Siaya Senator that there “was an elaborate plan to sear in the former premier as the president using the annulled August 8 polls results.”