Voters in court seeking to halt Kenya presidential poll re-run

24 Octobre 2017

Nairobi, Kenya, October 24 (Infosplusgabon) - The Kenyan Supreme Court will  Wednesday hear a petition filed by three voters seeking to halt Thursday's presidential elections re-run.

The Supreme Court, whose president is also Kenya's Chief Justice  David Maraga, will hear the petition on Wednesday, which is a public holiday, and just a day, to the poll set for October 26.

The country's highest court decided to hear the petition Wednesday after Justice David Maraga admitted the matter and certified it as urgent.

“The matter is to be heard at 10am tomorrow notwithstanding that it may be a public holiday,” the directions issued by CJ Maraga say

He also directed the petitioners  to serve their written submissions along with the petition IEBC Chairman Wafula Chebukati, IEBC and all eight presidential candidates.

The Government has gazetted Wednesday a public holiday, ahead of the fresh presidential election on Thursday.

On September 1, the Supreme Court annulled the August 8 General Eections in which incumbent Uhuru Kenyatta was declared the winner with 54 percent against opposition challenger Raila Odinga's 44 percent.

The court, citing irregularities and illegalities, cancelled the results and ordered that fresh presidential election be held within 60 days.

It ruled that the elections did not meet the constitutional threshold, and appointed accusing fingers at the Independent Electoral and Boundaries Commission (IEBC).

Odinga, flagbearer, of the National Super Alliance (NASA), who lodged a petition at the Supreme Court in August, challenging the declaration of  incumbent Kenyatta the winner, has pulled out of the race, saying saying the vote will not be free and fair.

He says the exercise will not be free and fair because the IEBC has refused to make the reforms he is demanding, among them the removal of the 11 officials, whom he accused of bungling the polls.

The latest petition was filled by a voter, lawyer Haroun Ndubi, Samuel Muhochi, Khelef Khalif and Gacheke Gachohi

They are saying that there is imminent risk the country could be plunged into a constitutional and general crisis should the IEBC proceed with the exercise on Thursday.

They also want the exercise stopped because it will save the taxpayer billion of shillings because the election result could be subject to judicial contest for failing to satisfy the minimum constitutional threshold.

It appears the election stalemate won't just go away as the petition comes hardly four days after IEBC chairman Wafula Chebukati, told Kenyans that he could hardly promise the country a free and fair poll.

He cited a divided commission pulling in different directions and interference by political parties as some of the reasons he believes, he as the returning officer of the presidential elections, may be unable to deliver and free and fair election.

Opposition chief, Odinga, after withdrawing from the elections has led NASA supporters in demonstrations calling for reforms in IEBC.

He also asked NASA supporters to boycott the elections. And, they have vowed not to vote.

If elections are held on Thursday October 26, minus Odinga, President Kenyatta will have an easy ride as none of his seven challengers got more than one percent of the votes on August 8.

FIN/INFOSPLUSGABON/TFG/GABON 2017

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