, NAIROBI, Kenya, Oct 23 – President Uhuru Kenyatta has opposed a case seeking to stop Thursday’s fresh presidential election over failure to conduct fresh nominations.
Through lawyer Tom Macharia, President Kenyatta has faulted former Kilome MP Harun Mwau’s case insisting that it is before the wrong forum.
Mwau has asked the High Court to stop the polls body from holding the repeat election without conducting fresh nominations, but the Head of State says in his response to the suit that the High Court does not have jurisdiction to determine the issue of nomination.
According to President Kenyatta, the matter can only be dealt with by the Supreme Court, which is the court of first resort on presidential election disputes.
In addition, the Jubilee Party flag bearer further contends that suspension of an election is not contemplated by the Constitution and Elections Act.
“As such, the court should decline the invitation to subvert the supreme law since the power to resolve the issue on nominations is vested with the Supreme Court,” argues lawyer Macharia.