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Supreme Court to hear case seeking postponement of Thursday poll

The sitting is expected to be convened at 10am by Chief Justice David Maraga who through the Court Registrar certified the matter as urgent on Tuesday/FILE

NAIROBI, Kenya, Oct 25 – The Supreme Court will sit Wednesday morning to hear a petition by three voters seeking postponement of Thursday’s fresh presidential election.

The sitting was expected to be convened at 10am by Chief Justice David Maraga who through the Court Registrar certified the matter as urgent on Tuesday.

Samuel Mohochi, Gacheke Gachohi and Khelef Khalifa in the petition filed by city lawyer Harun Ndubi argue stopping Thursday’s election will save the taxpayers from “monetary loss running into billions of shillings” owing to the high possibility that the election could fail to meet minimum Constitutional; threshold warranting its annulment.

CJ Maraga also directed the three petitioners, the Independent Electoral and Boundaries Commission, its Chairperson Wafula Chebukati and the eight candidates contesting the election to file written responses to the petition by 8:30am Wednesday.

The hearing comes even as Senate Majority leader Kipchumba Murkomen claimed in a news conference on Tuesday that a section of the civil society is scheming with the National Super Alliance to have Chebukati back the petition.

According to Murkomen, the petition was yet another plot by NASA to scuttle Thursday’s election.

“There’s a scheme NASA has hatched with their normal civil society organizations with the intention of having the election postponed. We’re aware that those civil societies have held a meeting with Chebukati and they’ve asked him to ensure that he supports their petition,” Murkomen alleged.

He also asserted that NASA was planning to print fake ballots and tallying forms to propagate falsehoods on the conduct of the election.

“We know about their scheme to peddle fake ballots and fake tallying forms but we can tell them those plans will not succeed, they will be exposed and defeated,” Murkomen said.

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