Nairobi — Third Way Alliance Party leader Ekuru Aukot has been criticized for saying that frivolous suits or petitions should be criminalized, for time wastage.

Aukot made the comment shortly after Azimio La Umoja - One Kenya presidential candidate Raila Odinga lodged a presidential petition at the Supreme Court seeking to overturn the announcement of William Ruto as the President Elect, and dismissed the petition as weak.

The Azimio team also delivered cartons of documents ferried in a truck as evidence to prove that the poll was flawed.

"Wasting the time of Kenyans on frivolous lawsuits or petitions should be criminalised," stated Aukot.

In a quick rejoinder however Chief Justice Emeritus Willy Mutunga criticized Aukot for his comment, saying that such pronouncements shouldn't come from someone who took part in the making of the Constitution 2010.

According to the 2020 Constitution, anyone is allowed to challenge the outcome or any aspect of the election of a President in accordance with articles 136, 139 (1) (b) and 146 (2) (b).

"Says the former Secretary of the Committee of Experts that gave us the 2010 Constitution. What a pity? Greatly misguided. A petition seeks a remedy. How can that be criminalized? Smacks of fascism," Mutunga stated.

The former CJ also demanded Aukot to explain how filing a petition is criminal, adding that it is the court's mandate to determine whether a petition is frivolous or not.

"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 stated.