NAIROBI, Kenya, Sep 20 – The National Super Alliance (NASA) has urged the Independent Electoral and Boundaries Commission (IEBC) to get its house in order as fast as possible, to avoid a looming constitutional crisis.
Speaking outside the Supreme Court of Kenya following the delivery of the full judgment of the final presidential petition, NASA’s lead counsel James Orengo spoke of a looming constitutional crisis of grave proportions should the elections fail to be held within the required 60 days.
“The danger we now find ourselves in is that if the elections aren’t held within 60 days, he (President Uhuru Kenyatta) will not have the constitutional authority and the legitimacy to stay in that office,” he said.
According to an IEBC Gazette notice, the repeat presidential election is scheduled to take place on October 17 though there is a cloud of uncertainty on the date.
“A constitutional crisis in the sense that the powers that the President would normally enjoy were extinguished very substantially on the 8th of August 2017,” he said, adding that “after the 8th of August, he is exercising temporary incumbency.”
The Supreme Court nullified the election on grounds that the IEBC committed illegalities and irregularities while conducting the August 8 poll.
NASA coalition presidential candidate Raila Odinga demanded nothing short of a complete adherence to the provisions of the Constitution before facing Kenyatta at the ballot again.
“We have said that we are not afraid of another election. In fact, the campaigns ended and we are ready to go to the ballot. But we will not move to the ballot until those criminals mentioned are brought to book,” said Odinga.
He welcomed the full ruling that saw judges of the Supreme Court sitting continuously for about 12 hours in the courtroom to deliver the judgment.
“I would like to thank the Kenyan Judiciary for this historic ruling. The ruling was done over 20 days ago and today they have given very comprehensive reasons supporting that ruling,” he said.
“As I said at the time when the ruling was made, it is historic for the African continent. We had an opportunity to meet the Association of African judges yesterday and they agreed that it is a new dawn for justice in Africa,” Odinga added.
He did not also mince his words concerning the involvement of Al Ghurair (which supplied the August 8 ballot papers) and Safran Morpho (which supplied vote transmission kits) in the repeat elections.
“We have also said that the Kenya Integrated Elections Management System (KIEMS) that was used to manipulate the results must be rectified. Safran Morpho which was used to supply the system must not be allowed to participate in the next elections and so is Al Ghurair,” he emphasised.
Odinga further castigated the results transmission service provider and the IEBC for disregarding court orders that allowed partial opening up of the commissions’ servers for scrutiny claiming that they were hiding something.
“The IEBC and the service provider were in contempt of court because they couldn’t give access as requested by the court. We are therefore saying that we want another contractor to be appointed. Time is available to do this,” he said.
While concluding his speech, Odinga reiterated that his coalition is ready for the repeat polls and urged his supporters to keep hope alive because Canaan is yonder.
“Our journey to Canaan was sabotaged by these saboteurs and we are definitely on our journey to our destination. When the time comes, we shall be able to reach Canaan. Therefore keep the hope alive, we shall overcome,” he concluded.