Friday, October 27, 2017

#KenyaPol - petition filed to nullify October 26th #elections

Activist Okiya Omtata has filed a petition seeking the nullification of the controversial October 26 presidential election.
Omtata wants the apex court to compel IEBC to hold fresh presidential election, preceded by fresh nominations, “pursuant to Article 138(8) (b) and 138(9) of the constitution and under the election laws in force during the annulled 8th August 2017 presidential election.”
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According to Omtata, the fresh presidential election held on 26th October 2017 was irregular before it was held, was invalid, null and void having been vacated by the decision of the NASA candidates withdraw.
The activist argues that the announcement by IEBC Chairman Wafula Chebukati on October 18, that he could not guarantee a credible election renders the results of the October 26 poll “untrustworthy”.
“Given that the public announcement by the 2nd respondent that he cannot guarantee free, fair and credible elections had not been withdrawn at the time the exercise on 26th October 2017 was held, makes the results he will announce untrustworthy,” argues Omtatah
“The Fresh Presidential Elections Implementation Team was being sabotaged and that was jeopardizing the IEBC ability and capacity to conduct free, fair and credible elections,” reads part of the petition.
He wants the court to determine whether the October 26 election is invalid, null and void and whether IEBC  should be ordered to conduct a fresh presidential election.
He further states: “The purported elections of 26th October have left the country divided down the middle
and that poses a threat to the entire Constitution of Kenya 2010.”
He has listed the electoral commission, its chairman Wafula Chebukati and all eight candidates who were on the ballot as respondents in the case.
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