Mwau with his lawyer, Omwanza Ombati
A petition challenging President Uhuru Kenyatta's October 26th repeat presidential election victory was filed at the Supreme Court on Monday afternoon.
The petition has been lodged by former Kilome Member of Parliament Harun Mwau, who argues that Uhuru was not validly elected as President in the fresh election ordered by the Supreme Court. Mwau has listed Independent Electoral and Boundaries Commission (IEBC), electoral commission Chairman Wafula Chebukati and President Uhuru Kenyatta as 1st, 2nd and 3rd respondents respectively.
Mwau lodged the case through lawyer Omwanza Ombati only hours before the Monday midnight deadline for filing any petition challenging the reelection of Uhuru.
In his petition, Mwau argues that the repeat presidential election ordered by the apex court ought to have begun with a fresh nomination of presidential candidates by political parties.
“Proceeding to conduct fresh presidential elections without nominated candidates, nominations, without fees, and without giving persons listed as candidates equal campaign period, directly affected the conduct and results of the fresh presidential elections of 26th October 2017,” reads part of the petition.
Uhuru was declared the winner of the repeat after garnering 7,483,895 votes, representing 98.26 percent of the total votes cast. His main rival Raila Odinga boycotted the election after withdrawing his candidature two weeks to the election, citing among others lack of confidence with the electoral commission.
Mwau had sought to block the October 26th repeat poll in High Court on grounds that IEBC should have allowed political parties to hold fresh nominations to pick candidates following the invalidation of August 8th poll. The High Court however dismissed the case by Mwau on basis that only Supreme Court has the constitutional jurisdiction to hear matters touching on presidential elections.