13 November 2017

Kenya: Parties in Presidential Petition to File Written Submissions Monday

Photo: Capital FM
Independent Electoral and Boundaries Commission boss Wafula Chebukati declares Uhuru Kenyatta winner of the October 26 repeat poll. Kenyatta garnered 7,483,895 votes accounting for 98.26% of the total votes cast.

Nairobi — Focus will be on the Supreme Court this week as it seeks to determine three petitions challenging President Uhuru Kenyatta's re-election during last month's fresh presidential election.

Parties to the suits are expected to file their written submissions by midday Monday ahead of the pre-trial conference set for Tuesday.

Responses to the applications are to be filed and also served by 5pm according to guidelines issued by Chief Justice David Maraga.

Parties wishing to be admitted in the petitions as friends of court are required to file and serve applications by 5pm Monday.

During the pre-trial conference, the Supreme Court bench will give crucial guidelines to parties litigating the matters including timelines within which counsel representing various parties shall make their oral submissions in court.

Other than two petitions challenging President Kenyatta's re-election, the court is also seized of a petition filed ahead of the declaration of the outcome of the October 26 presidential election in which activist Okiya Omtatah contends that there was no election held.

Omtatah is challenging the electoral commission's decision to proceed to conduct a presidential election on October 26 without conducting fresh nominations.

Deputy Supreme Court Registrar Daniel ole Keiwua on Friday said Omtatah's matter will be heard by a bench to be constituted by Deputy Chief Justice Philomena Mwilu.

Omtatah filed the petition on grounds that the Independent Electoral and Boundaries Commission (IEBC) had overlooked the 2013 presidential election petition ruling which envisaged a situation where the only contenders in the fresh election would be President Kenyatta and National Super Alliance (NASA) candidate Raila Odinga.

Following Odinga's withdrawal from the race on October 10, Omtatah argues that IEBC should have exited the scheduled election under Article 140 (3) of the Constitution and moved on to prepare for an election under Article 138 (8) (b) of the Constitution.

More on This

Dismiss Poll Petitions, Uhuru Kenyatta Tells Supreme Court

President Uhuru Kenyatta on Sunday asked the Supreme Court to dismiss two election petitions challenging his win. Read more »

Copyright © 2017 Capital FM. All rights reserved. Distributed by AllAfrica Global Media (allAfrica.com). To contact the copyright holder directly for corrections — or for permission to republish or make other authorized use of this material, click here.

AllAfrica publishes around 900 reports a day from more than 140 news organizations and over 500 other institutions and individuals, representing a diversity of positions on every topic. We publish news and views ranging from vigorous opponents of governments to government publications and spokespersons. Publishers named above each report are responsible for their own content, which AllAfrica does not have the legal right to edit or correct.

Articles and commentaries that identify allAfrica.com as the publisher are produced or commissioned by AllAfrica. To address comments or complaints, please Contact us.