Declare Raila’s withdrawal from Oct 26 poll unlawful – MP Pkosing

November 2, 2017 6:18 pm
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In his petition, the MP through his lawyer Kibe Mungai wants the apex court to rule on whether the withdrawal of the NASA flag bearer – who was also the main petitioner in the case that led to the invalidation of the August 8 presidential results – amounts to contempt of court/FILE

, NAIROBI, Kenya Nov 2 – Pokot South MP David Pkosing wants the Supreme Court to declare the withdrawal and boycott of NASA Presidential Candidate Raila Odinga and his running mate Kalonzo Musyoka to be declared ‘unlawful and treasonous’.

In his petition, the MP through his lawyer Kibe Mungai wants the apex court to rule on whether the withdrawal of the NASA flag bearer – who was also the main petitioner in the case that led to the invalidation of the August 8 presidential results – amounts to contempt of court.

“A declaration be issued to declare that the boycott, sabotage , subversion, frustration and obstruction of the fresh presidential election held on October 26 by the 1st – 9th respondents and their supporters is unlawful and a treasonous political scheme to establish a government of Kenya other than in compliance with the Constitution in contravention of Article 3(2).”

He further wants the court to declare that the re-election of Uhuru Kenyatta and William Ruto as President and Deputy President in the last Thursday’s election should be found as legitimate.

“A declaration should be issued to declare that notwithstanding the subversion, sabotage, impediment and obstruction of the fresh presidential election held on 26th October, 2017 under Article 3(2) and 136(1) of the Constitution, the said elections constitute a lawful basis to establish the government of Kenya …” he stated.

The fresh petition is a new push by the MP after the High Court last week dismissed a petition seeking to compel Odinga to take part in the presidential election.

Justice Chacha Mwita ruled that the High Court lacked jurisdiction on the matter.

He acknowledged that there is an active and critical ongoing presidential process in the country and if Pkosing’s orders are granted, the court will be going overboard in determining the question of validity of the same process way beyond its jurisdiction.

Pkosing also wants the Supreme Court to sanction the re-election of President Kenyatta and his Deputy Ruto despite the failure by IEBC to conduct the elections in 25 Constituencies.

In the petition, Pkosing said “I am convinced that one of the unintended effects of the invalidation of the presidential election is that a political climate for revolutionary political change has been sown in Kenya and the assault on the integrity and competence of IEBC based on willful misinterpretation of the decision of the Supreme Court majority constitutes an attempt to establish a government otherwise that in compliance with the Constitution.”

“I earnestly believe that this amounts to a blatant violation of Article 3(2) of the Constitution and contempt of the orders of the Supreme Court made on 1st September, 2017.”

Pkosing through his lawyer Muigai, noted that said the Commission was unable to hold the poll despite its and the government’s best efforts to shield the process from violence, sabotage, intimidation of voters in opposition of strongholds.

“A combination of sabotage, subversion, violence, threats and intimidation of voters across the country particularly in the political strongholds of the 1st-5th Respondents resulted into extremely low voter turnout in those electoral areas and other swing constituencies,” read part of the petition to the apex Court.

Due to serious deterioration of security and risk of the lives and health of IEBC electoral officials, Commission Chairman Wafula Chebukati was forced postpone the elections that he had rescheduled for last Saturday.

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