6 November 2017

Kenya: Mwau Contests Validity of Uhuru's Election in the Supreme Court

Photo: Raphael Njoroge/The Nation
President Uhuru Kenyatta holds his certificate after he was announced winner of the repeat presidential election at the Bomas of Kenya in Nairobi October 30, 2017.

Nairobi — Former Kilome Member of Parliament Harun Mwau is in the process of filing a petition in the Supreme Court, challenging the validity of President Uhuru Kenyatta's election.

An election whose validity he first contested in the High Court in the run up to the October 26 fresh presidential poll on the grounds that the Independent Electoral and Boundaries Commission failed in its constitutional duty to conduct fresh nominations.

His suit was however dismissed for the reason that matters presidential election once gazetted, fall within the purview of the Supreme Court.

Mwau, a businessman, has in the present suit given among other grounds, the inclusion of United Democratic Party candidate Cyrus Jirongo - a candidate the court had declared bankrupt - as one of the reasons he wants President Kenyatta's election annulled.

His lawyer Benjamin Musyoki who submitted the documents Monday afternoon pending payment of suit fees could not give a comment immediately but however said his client was making arrangements for payment of the same.

Also annexed to the petition are documents intended to demonstrate the advocate compliance status of Independent Electoral and Boundaries Commission Chairperson Wafula Chebukati and Chief Executive Officer Ezra Chiloba.

Whereas Chebukati's status is shown as active, Chiloba's is indicated to be inactive for some time.

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