In his application, Omtatah argues that it was voided by the withdrawal of National Super Alliance (NASA) presidential candidate Raila Odinga/FILE
NAIROBI, Kenya, Oct 27 – Human Rights Activist Okiya Omtatah on Friday moved to the Supreme Court seeking nullification of Thursday’s fresh presidential election.
In his application, Omtatah argues that it was voided by the withdrawal of National Super Alliance (NASA) presidential candidate Raila Odinga.
He argues the election was an exercise in futility as the same was invalid, null and void ab initio having been vacated by the decision of the NASA candidates to abandon them.
“The results of the purported fresh presidential elections held on 26th October 2017 are invalid, null and void and of no consequences under the law.”
In mid October, Odinga and his running mate Kalonzo Musyoka wrote to the IEBC indicating that they would not participate in the fresh election because the Independent Electoral Boundaries Commission (IEBC) had failed to undertake basic reforms to ensure a credible poll.
The activist wants the apex court to give clarity on the consequence of Odinga and Kalonzo pulling out of the fresh election that had been occasioned by the nullification of the presidential election results as was the case the August 8 election.
Omtatah moved to the Supreme Court after High Court Judge John Mativo dismissed an earlier petition on the basis that the he did not have jurisdiction to hear it.
Omtatah in his petition reiterates that under the law as pronounced by the Supreme Court in Odinga’s 2013 presidential election petition, the withdrawal of the NASA candidates should have irrevocably vacated the Thursday’s fresh presidential poll and precipitated a fresh presidential poll within 60 days after fresh nominations.
“The abandonment by the NASA candidates required the 1st and 2nd respondents to abandon the October elections and to organise a fresh presidential election in tandem with Article 138(9) as read with Article 138(8)(b) of the Constitution. The fresh presidential election preceded by fresh nominations would mean a new date, on or before the 10th of December 2017, be gazetted for the elections,” he stated.
“The crisis has created a situation which requires this honourable court to clarify the law and pronounce itself on the validity of the fresh presidential election held on 26th October 2017 after the NASA candidates had abandoned the race on 10th October 2017.”
In his petition, Omtatah has named Jubilee presidential candidate President Uhuru Kenyatta, NASA leader Odinga, Ekuru Aukot of the Thirdway Alliance, Dida Abduba, Mwaura Wainaina, Joseph Nyagah, Kaluyu Kavinga, Shakhalaga Kwa Jirongo as interested party who were candidates.
He cites the High Court and the IEBC as interested parties to participate in the purported fresh presidential elections held on 26th October 2017 pursuant to their having participated at the annulled presidential elections of 8th August 2017.
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