, NAIROBI, Kenya, Mar 12 – Deputy Prime Minister Musalia Mudavadi’s United Democratic Forum party (UDF) on Tuesday said it would not engage in any talks to join President-elect Uhuru Kenyatta’s government until after a petition filed challenging last week’s General Election is heard and determined.
UDF Chairman Hassan Osman stated there had been no talks between the two sides despite reports that Mudavadi had begun talks with Kenyatta on the possibility of forming a post election coalition.
Mudavadi conceded defeat on Friday as tallying after the March 4 vote showed that there were two frontrunners in the elections namely Kenyatta and Raila Odinga.
At the time the Amani coalition flag-bearer – who was third in the presidential results – made the announcement, he had garnered a total of 356,294 votes while his key rivals had 4,787,334 (Uhuru) and 4,167,054 (Raila).
Speaking to Capital FM News, Osman made it clear that a meeting held on Monday by Members of Parliament and Senators elected under Mudavadi’s Amani coalition had agreed that it was too early to begin consultations to join the new government.
“The outcome of the election petition is crucial and could alter the situation as it is now. We have adapted a wait and see stand before making any major engagements” Osman said.
Outgoing Prime Minister Raila Odinga who came second to Kenyatta in the presidential election is to contest the outcome of the presidential poll in the Supreme Court, alleging “massive tampering”.
Odinga has said that every instrument deployed by the Independent Electoral and Boundaries Commission (IEBC) failed and that there was interference with the vote register following failure of the electronic voter identification kit.
Petitions arising from a presidential election are heard and determined in a process whose timelines are strict and guided by the law. The law provides that the aggrieved party files its petition within seven days after the declaration of the presidential results.
The Supreme Court has 14 days within which to hear and determine the petition as required by Article 140 (2) of the Constitution. It is the court with original and exclusive jurisdiction over disputes in the presidential election.
At the conclusion of the hearing of an election petition, the court may make an order dismissing the petition; declaring the election of the president-elect to be valid; or invalid or invalidate the declaration made by the IEBC.
According to Article 140 (3) of the Constitution a fresh election shall be held within 60 days after of determination the finds the election of the president-elect to be invalid.
At the meeting held on Monday, Baringo Senator-elect Gideon Moi was chosen to chair the Amani Coalition parliamentary group while Moyale MP Roba Duba was made Chief Whip.