BY SAM ALFAN.
Former Kilome MP Harun Mwau want the court to stop the October 26 repeat presidential election.
In a certificate of urgency Mwau says the election is being conducted contrary to the constitution.
He argues that after the Supreme Court nullified the August 8 presidential poll results, IEBC should have conducted fresh nominations before carrying out a fresh election.
In his petition he has sued the IEBC and its chair Wafula Chebukati.
The former Kilome MP’s case comes 10 days to the repeat election.
Mr Mwau through his lawyer claims IEBC has violated the constitution and laws applicable to presidential elections purported through Gazette Notice No 8751 Vol CXIX-No 130 purported to exempt candidates from nomination in fresh presidential elections as ordered by the supreme court after nullification the elections held on 8 August 2017.
He further claims they have violated supreme court order that fresh elections should be conducted according to the constitution and election was.
Mwau claims the commission is seeking to waive provisions of the constitution and the law which they have no power to do.
“As a matter of course if fresh the fresh elections are allowed to proceed as the respondents intend, the supreme court , like night follows the day, will invalidate the same” the documents state.
He says the presidential elections should be conducted in accordance with the constitution due to public interest and also the effect of the elections on the economy and the the strain of public resources .
“It will be unfair , unjust and it will injure public interest for the Court to allow an election to proceed other than prescribed by the constitution” said Mwau.
Mwau want the matter be heard and determined expeditiously and in a timely manner and unless the inexorable illegal and unconstitutional elections proceed creating a constitutional crisis and public uncertainty.
