, NAIROBI, Kenya Oct 24 – Three voters have filed a petition in the Supreme Court seeking to have Thursday’s fresh presidential election postponed and held in 90 days.
In the petition filed by city lawyer Haroun Ndubi, the petitioners drawn from Nyali, Westlands and Mathare constituencies cite that there is an imminent risk that the country may be plunged into a further constitutional and general crisis should the IEBC proceed to conduct the election on Thursday.
The petitioners cite recent pronouncements by IEBC Chairman Wafula Chebukati and self-exiled former Commissioner Roselyn Akombe they cannot guarantee a credible election due to what they term as ‘shocking internal strife’ at the Commission.
Akombe resigned last week and fled to the US, citing frustration and threats to her life.
In her resignation letter, Akombe said the IEBC was captive to political party interests and could not hold a credible poll.
Chebukati, followed cue when he told a state-of-preparedness news briefing that he could not guarantee a credible poll unless politicians allowed them to work without interference.
Petitioners Samuel Mohochi, Gacheke Gachohi and Khelef Khalifa argue stopping Thursday’s election will save the Kenyan taxpayer monetary loss running into billions of shillings because the election result may be subject to judicial contest for failing to satisfy the minimum legal and constitutional threshold.
The IEBC has repeatedly announced it will proceed with the election and President Kenyatta’s Jubilee Party has stated the poll must go on, with or without NASA’s Raila Odinga who withdrew from the October 26 election, citing IEBC’s failure to effect the reforms.
The Supreme Court judges on September 1 nullified the August 8 presidential election and directed that the commission holds fresh elections within 60 days.
The judges said that the IEBC committed ‘illegalities and irregularities’ that led to the overturning of President Uhuru Kenyatta’s win.