Jubilee MP Petitions Supreme Court to Declare Raila's Withdrawal from Presidential Race Unlawful and Treasonous

Pokot South Member of Parliament David Pkosing has filed a petition at the Supreme Court seeking to have the withdrawal of National Super Alliance (NASA) leaders Raila Odinga and Kalonzo Musyoka from the presidential contest declared unlawful and treasonous.

In a case filed through lawyer Kibe Mungai, Pkosing wants the two opposition chiefs found in contempt of the court for pulling out of an election ordered by the apex court. “A declaration be issued to declare that the boycott, sabotage , subversion, frustration and obstruction of the fresh presidential election held on October 26 by the 1st – 9th respondents and their supporters is unlawful and a treasonous political scheme to establish a government of Kenya other than in compliance with the Constitution in contravention of Article 3(2).”

The MP also wants the Supreme Court to declare President Uhuru's October 26th victory legitimate. “A declaration should be issued to declare that notwithstanding the subversion, sabotage, impediment and obstruction of the fresh presidential election held on 26th October, 2017 under Article 3(2) and 136(1) of the Constitution, the said elections constitute a lawful basis to establish the government of Kenya,” Pkosing urgues.

Pkosing's fresh petition at the Supreme Court comes only a week after the High Court dismissed his petition seeking to have the court compel Odinga to participate in the repeat presidential election. While dismissing the case, High Court Judge Justice Chacha Mwita ruled the High Court lacked the mandate to hear the matter as only the Supreme Court has constitutional jurisdiction to hear matters touching on presidential elections.

“I am convinced that one of the unintended effects of the invalidation of the presidential election is that a political climate for revolutionary political change has been sown in Kenya and the assault on the integrity and competence of IEBC based on willful misinterpretation of the decision of the Supreme Court majority constitutes an attempt to establish a government otherwise that in compliance with the Constitution," The MP further says in his new petition.

“I earnestly believe that this amounts to a blatant violation of Article 3(2) of the Constitution and contempt of the orders of the Supreme Court made on 1st September, 2017,” he says.