Activist Okiya Omtatah has filed a petition at the Supreme Court seeking for the nullification of the repeat presidential election held on Thursday.
Okiya argues that the poll should be annulled on grounds that the withdrawal of National Super Alliance (Nasa) presidential candidate Raila Odinga and his running mate Kalonzo Musyoka rendered it null and void.
“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.”
“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.
Two weeks ago, Odinga and Kalonzo wrote to the IEBC indicating they had pulled out of the race, citing the refusal by IEBC to guarantee a credible election through reforms.
Omtatah further wants the apex court to give directions on the implications of the withdrawal of the two from the presidential contest.
“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.”
Presidential candidates Uhuru Kenyatta,leader Raila Odinga, Ekuru Aukot, Dida Abduba, Mwaura Wainaina, Joseph Nyagah, Kaluyu Kavinga and Shakhalaga Kwa Jirongo have been listed as respondents in the petition.