Supreme Court Receives Fresh Petition Seeking to Block Thursday's Election

Supreme Court Receives Fresh Petition Seeking to Block Thursday's Election

Three voters on Tuesday lodged a petition at the Supreme Court seeking to have the Independent Electoral and Boundaries Commission (IEBC) blocked from conducting Thursday's repeat presidential election.

Khelef Khalia, Samwel Monochi and Gacheke Gachihi argue that the electoral commission is not well prepared and that the threats on IEBC officials in some parts of the country could prejudice the outcome of the poll.

The trio have named the electoral commission and its chairman Wafula Chebukati as respondents in the case.

The three further say that the electoral commission lacks the ability hold a free, fair and credible election as there exists frustrations and sabotage from different forces.

The petitioners further argue that IEBC has failed to institute administrative action on staff who played part in the bungled August 8th election.

They also submit that the withdrawal of National Super Alliance (NASA) presidential candidate Raila Odinga and his running mate Kalonzo Musyoka meant that the fresh poll be called off and another be conducted in 90 days.

They also say that commissioners at IEBC are partisan and divided and cannot, therefore, hold a credible election. They also argue that IEBC Chairperson Wafula Chebukati admitted publicly that the commission could not guarantee a credible election.

The petitioners are represented by lawyer Harun Ndubi and have been directed to serve parties by 6pm on Tuesday.

The case will be heard on Wednesday at 10am.

Comments

Sukari (not verified)     Tue, 10/24/2017 @ 08:27am

If the supreme court upholds this petition, then I will know for sure that Kenya is riddled with a bunch of.....me included, for being sucked in to this endless torture! Our economy cannot bear the blunt of this rubbish. And then another public holiday on Wednesday? Gosh, feels like a never waking nightmare!!

DR. Koni Hanene (not verified)     Tue, 10/24/2017 @ 09:25am

The Great 2017 Raila coup attempt on Uhuru administration is a multiple layer attempt. The layers that have already revealed themselves are Raila-Orengo -Maraga 4 axis and Raila-Chebukati-Akombe axis. This petition could be a third hybrid layer. When Raila says there will be no election on 26th of October he knows what he is talking about. The Ultimate game plan is to remove President Uhuru Kenyatta through constitutional loopholes and then using other means to remove would be Uhuru's replacement, such as the National Assembly Speaker Justin Muturi. The first phase of the coup went smoothly because the Maraga 4 nullified the election. Uhuru administration was caught off guard because it had not anticipated that outcome. The second phase got complicated because the administration had now wizened up but it still persist and the outcome of it will be determined tomorrow by either Maraga or Chebukati. The second phase called for Chebukati and Akombe to claim they cannot guarantee a fair election and then call for postponement therefore triggering a constitutional crisis which would then call for the National assembly Speaker to be sworn in as a caretaker President. That plan had Akombe resign and claim the same. She claimed Chebukati was a man under siege solely to prepare him to announce he cannot guarantee a fair election. He did so but did not postpone it as the plan had called for. That hesitant forced Raila to tell him to be a MAN ENOUGH to call off the election. Chebukati is caught between doing what the original plan called for or doing what is right for the Nation. This petition brings Maraga back in the scheme and it is he who will determine the way Kenya move forward from tomorrow.

Ougi (not verified)     Tue, 10/24/2017 @ 12:43pm

In reply to by DR. Koni Hanene (not verified)

@ Koni Hanene you are on to something, I appreciate your analysis. What this mkora Maraga has up his sleeve will be revealed tomorrow. He has observed the instability, economic upheaval, anxiety experienced by every Kenya. His judgement will shed lots and lots of light moving forward and perhaps will determine whether Uhunye signs the election bill.

Kenya (not verified)     Tue, 10/24/2017 @ 09:43am

Solomonic Wisdom is needed during this dangerous time of high anxiety. Maraga has shown he is like a small kid given a gun. He need to resign after this election or forced out. There is a reason why nullification of national election is rarely done in the world. If I'm not wrong it has been done only 3 times all over the world because they know the impact it will have. Maraga might not be in Fake Joshua evil plan but he entered his box

sokora (not verified)     Tue, 10/24/2017 @ 10:09am

Sad News for Kenya. Maraga may be the weapon Raila promised the country for October 25. If Maraga reverses his decision for elections in 60 days, he should be tried by Kenyans and punished as appropriate. Kenya is not a rogue nation. We invested so much into Thursday.

Sukari (not verified)     Tue, 10/24/2017 @ 10:31am

-Dr Hanene, I said so myself, albeit not in so many words. This is a well orchestrated ploy to overthrow Uhuru. How Uhuru's camp has been blind to this is beyond me.

MaragA (not verified)     Tue, 10/24/2017 @ 10:31am

Interesting how a case filed by JP on Oct 19th and is about Oct 26th election will be heard on Oct 27th, while a case filed by NASA on Oct 24th seeking to stop elections, is certified as urgent and will be heard on Oct 25th. There my dear friends is how the circus goes, deliberate obstruction of justice by the justices themselselves!!. Maraga nullified Uhuru's victory using fake evidence, and now is gunning to stop the elections using the Judicary this time on a public holiday, having ignored other deserving cases...Time is ripe for civil disobedience!!!

ZEP (not verified)     Tue, 10/24/2017 @ 03:36pm

In reply to by MaragA (not verified)

Because jubilee lawyers are not as prudent and skillful. Remember the constitution and electoral laws was drafted by the Luo lawyers and evidently they have proven to know every clause, argued within the scope and are winning. Jubilee lawyers are operating like moi era lawyers. whether you like it or not, listen to Otiende Amollo. He quotes the laws exactly as is.

Kifaranga (not verified)     Tue, 10/24/2017 @ 10:34am

@Sokora I sincerely think the same. No wonder Raila said that he will give rather make a major announcement on October 25th. Something is cooking and we can smell it. Oh God please help Kenya. This plan is bigger and wider than it looks.

sokora (not verified)     Tue, 10/24/2017 @ 10:52am

In reply to by Kifaranga (not verified)

Kenya needs a referendum immediately to eliminate the Supreme Court. What we have right now is not good for the country. The Supreme court should be independent and its decisions should protect the nation as a whole. But we are lacking on this one. Therefore, it is up to the public to remove this court and do it in the next 60 days with a Yes, No referendum.

D Mwose (not verified)     Tue, 10/24/2017 @ 10:50am

Sokora you have a real CJ on the Bench. He will deliver to you and all Kenyans the JUST verdict just like he did a while back.Put your oxygen masks on and brace yourselves for a rough if not crash landing.

InshaAllah

sokora (not verified)     Tue, 10/24/2017 @ 11:37am

In reply to by D Mwose (not verified)

D Mwose: Who made a constitutional ruling for an election in 60 days? Was that Uhuru or Maraga? If Maraga made the ruling, then he must follow the constitution and allow the elections to proceed within 60 days. But if our courts are based on the "laws of the jungle", then Maraga can stop the election. And if he does stop the election, it is about time Kenya disobeys his flawed legal decision. We Kenyans are not people of the jungle. Kenyans must not be subjected to bad legal decisions.

Sukari (not verified)     Tue, 10/24/2017 @ 11:03am

D Mwose, do you know something we don't? I have suspected the NASA worshippers have a coded communication given the way everything has been unfolding.

Imara (not verified)     Tue, 10/24/2017 @ 11:47am

Ndugu Maraga, please nullify the entire election results completely because the rigging did not just happen on the presidential voting only, it happened everywhere.

formerlyguest 2 (not verified)     Tue, 10/24/2017 @ 12:03pm

Those saying here than elections should not be held on Thursday are very comfortable majuu or wherever but tell that to the workers who now because of public holiday may never get their monthly wages which they do rely on to survive. As we speak, lines at the bank are unbelievable, anyone relying on a wire to go anywhere to pay anyone on Tuesday and it is not received by 3pm by the bank , can start to look for alternatives. When people assume everyone can wait for a country in a limbo forever, you are living in a cocoon! Unless you are directly affected by this limbo , you cannot sit here and tell wananchi what's hurry to do a reelection . Life is not about Raila wishes . Follow the damn constitution as you claimed you fought for damn it and Supreme court decisions after all wasn't the Orange one grinning ear to ear about his coup then ....!

vote is on 26t… (not verified)     Tue, 10/24/2017 @ 03:43pm

Judges cannot stop election on eve.
Only mad or compromised judges can overule supreme court and do something against 60days as stipulated in katiba....only Kenyans can change 60 days deadline...not a judge.....

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