Nairobi — Former Gatundu South Member of Parliament Moses Kuria's petition against Azimio's Raila Odinga has been struck out by the Supreme Court.
In the ruling delivered on Tuesday, the court indicated that Kuria's petition was not challenging the validity of a presidential election; and that the petitioners' reliefs do not seek to invalidate the outcome of a presidential election.
The court further stated that because the petition was not brought pursuant to Article 140 of the Constitution, it was not time bound to be heard within 14 days.
"Upon considering the 1 st and 2nd Respondents' submissions dated 26th August, 2022 in support of their preliminary objection to the effect that pursuant to Article 163(3)(a) as read with Article 140 of the Constitution, the jurisdiction of this Court in a presidential election is confined to determination of the dispute on validity of a presidential election; that the substratum of the Petition does not challenge the validity of a presidential election; and that the petitioners' reliefs do not seek to invalidate the outcome of a presidential election. They contend in the same vein, that because the petition is not brought pursuant to Article 140 of the Constitution, it is not time bound to be heard within 14 days as restated by this Court," a part of the ruling read.
Kuria's petition was also struck out on condition that the way it was framed and though filed in the manner of a presidential election petition, it was not seeking to challenge the declaration of President Elect William Ruto, who was declared by the Independent Electoral and Boundaries Commission as the President-elect.
The ruling indicated that the petition did not even name Ruto as a respondent to the petition and therefore the remedies sought were alien to those contemplated in the Constitution and in law, whether the election of the President- elect is valid.
Chama Cha Kazi leader Kuria had filed a petition seeking to bar Raila Odinga's suit seeking to nullify President-elect William Ruto's win.
In his suit papers, Kuria cited the violence at the Bomas of Kenya.
According to Kuria, Odinga used his chief agent Saitabao Ole Kanchory and others to cause violence at the Bomas of Kenya Tallying Centre, hence hindering the Independent Electoral and Boundaries Commission (IEBC) chairman Wafula Chebukati from executing his duty and accused him of violating the Constitution, the Elections Act and the Code of Electoral Conduct.
"That shortly after entry of the Commission's Chairman, the other commissioners and the CEO, the said Saitabao Ole Kanchory and other accredited agent of the 1st and 2nd respondents who is also the Narok Senator Elect, Ledama ole Kina gained access to the podium whereby they threatened and physically assaulted the Chairman and the commissioners in full glare of cameras," the suit papers read.
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Kuria argued that the actions by Odinga's agents posed a threat to foreign diplomats, international and local observers, the three presidential candidates and other accredited Kenyans who were at the Bomas of Kenya.
According to Kuria, the interference with the declaration of the presidential election and the attack on the Presidential Returning Officer made it difficult for Chebukati to singly announce the results of the 38 polling stations that had been verified the morning of August 15, 2022.
Consequently, Kuria asked the court not to grant Odinga the relief he is seeking by challenging the election of William Ruto as the President Elect.
