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Jubilee MP files Supreme Court case after Uhuru’s win

The petition comes after NASA leaders stated they would not challenge the election in the courts.

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Pokot South MP David Pkosing moved to the Supreme Court seeking to have NASA’s boycott of the October 26 election declared illegal.

Pkosing, through lawyer Kibe Mungai, has asked the Supreme Court to explain the question as to whether a fully or partially successful sabotage, subversion or impediment of a presidential election can affect the legality, legitimacy or validity of a presidential election.

The Jubilee legislator has further requested court to rule that the election of President Kenyatta was legitimate even without some of the NASA strongholds that did not participate in the October 26 election.

The petition argues that NASA’s sabotage of the repeat polls held on October 26 was treasonous and a political scheme meant to establish a government without complying with the Constitution.

"No person is entitled to benefit or gain advantage under Article 138 of the Constitution from the partially successful boycott, subversion and sabotage of the fresh presidential election that culminated in no election in 25 out of Kenya’s 290 Constituencies” Pkosing’s petition reads in part.

The MP had, prior to the repeat poll, moved to the High Court which ruled that it did not have jurisdiction to hear the matter.

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