The certainty of the October 26 fresh presidential election following the Supreme Court ruling nullifying the results continue to be fogged as the day approaches.
On Monday, another setback hit the much-awaited poll after a case filed by former Kilome MP Harun Mwau.
Mr. Mwau sued the Independent Electoral and Boundaries Commission (IEBC) and its chair Wafula Chebukati over what he termed as unlawful conduct.
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According to the ex-legislator, the electoral body was continuing with the fresh election without a proper nomination.
Mwau told the court that with the current plans, IEBC was not adhering to the orders issued by the Supreme Court in the presidential petition which saw the win of President Uhuru Kenyatta and the whole presidential results nullified.
"This is not only in violation of the above Cited Laws but also of the Supreme Court’s orders that the fresh elections be conducted in strict conformity with the constitution and the applicable elections laws, lest the said fresh elections be nullified again," the court papers read in part.
Mwau added that if the October 26 proceed then it could be easily challenged at the Supreme court then nullified.
He argued that the tax payers money will only be lost in the poll that is unconstitutional.