Pokot South legislator David Pkosing left) and his Kiambu counterpart Jude Njomo speaking to court reporters after filing a petition seeking to bat opposition leader Raila Odinga from inciting his supporters to boycott outside Milimani law courts on Monday October 2, 2017/PHOTO BY S.A.N.
If Raila boycotts, subvert, impede, cause or otherwise ensures that the fresh presidential election is not conducted, Pokot South legislator David Pkosing says it should be seen as an act of treason.
The action is unlawful by dint of Articles 3, 38 and 140 (3) of the Constitution read with IEBC’s Gazette Notice No. 8751 dated September 5 2017 and treasonous within the meaning of Section 40 of the Penal Code Cap 63 Laws of Kenya.
Pkosing filed the petition at Milimani Law Courts vowing to stop NASA principals Raila Odinga and Kalonzo Musyoka from threatening or calling off the fresh presidential election.
Under a certificate of urgency, Pkosing claims that Raila and their supporters have threatened and publicly announced and declared that fresh presidential elections will not be held on 26th October, 2017 unless their political demands which they call irreducible minimum reforms are not met.
He says that if the fresh presidential elections aborts by whatever means the Republic of Kenya is likely to plunge into a constitutional crisis on the ground, inter-alia, of legal lacuna on how to conduct new presidential elections thereby necessitating extra-constitutional mechanism to restore the constitutional order.
He wants the court to declare that any decision, action or omission by the Raila and Kalonzo is unlawful.
The lawmaker also wants the court to quash the gazette notice allowing Raila Amollo Odinga and Stephen Kalonzo Musyoka to participate in the fresh election.
He wants the case to be heard and determined within ten days and determined by October 19 2017.
“Any willful attempt to boycott or subvert elections in order to trigger a crisis or secure extra-constitutional political advantage shall automatically render the nomination of such party or candidates null and void,” claims Pkosing.
