ORDER A FRESH POLL, ACTIVIST ASKS SUPREME COURT.

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Supreme Court Judges./PHOTO BY S.A.N.

 

BY SAM ALFAN.

Activist Okiya Omtata has petitioned the Supreme Court to order a fresh election within 90 days.

He filed the suit at the Supreme Court challenging the repeat presidential election held yesterday.

He wants the court to order IEBC to hold fresh presidential elections, preceded by fresh nominations.

According to Omtata the repeat presidential elections held on October 26 2017 were irregular before they were held, were invalid, null and void having been vacated by the decision of the NASA candidates to abandon them.

He also claims that the results of the repeat elections are invalid, null and void and of no consequences under the law.

“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 the petition.

Omtata avers that the effect of the NASA candidates’ abandonment of the October elections was within the law.

He further claims that IEBC decision to preside over the events of 26th October 2017 in the circumstances where its chairman Wafula Chebukati publicly denounced the process and stated that he is not in control, is a violation of Articles 73(1)

“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the public announcement by the 2nd respondent that he cannot guarantee free, fair and credible elections had not been withdrawn at the time the exercise on 26th October 2017 was held, makes the results he will announce untrustworthy,” argues Omtata

He wants the court to determine Whether the elections of 26th October 2017 are invalid, null and void and whether IEBC  should be ordered to conduct fresh presidential elections under Article 138 (8) (b) of the Constitution.

Directions to be given on notice as no Supreme Court judge is on duty.

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