Three File a Case to Block the Supreme Court from Declaring Raila President-Elect

Three petitioners have filed a case at the High Court seeking to have section 80(4)(a) of the Elections Act declared unconstitutional, null and void.

Ashford Koome Mbogo, Michael Ochieng Asola, and Eric Githinji want the High Court to make an interpretation of the aforementioned section before the Supreme Court hears and determines the presidential election petition filed on Monday by Azimio presidential candidate Raila Odinga and his running mate Martha Karua.

The petitioners submit that Odinga and Karua are seeking to be declared duly elected upon the retallying of the presidential vote on the strength of Section 80(4)(a) of the Elections Act.

The three argue that the said section is unconstitutional, null, and void as it expressly contravenes Article 138(10) of the Constitution and that it offends the independence of the Independent Electoral and Boundaries Commission.

Section 80(4)(a) of the Elections Act states that an election court can declare a winner if the votes are recounted and show that the wrong person was declared the winner. 

UDA’s William Ruto was declared the winner of the August 9th presidential election after garnering 7,176,141 votes (50.49 percent of the total votes), defeating his main competitor Raila Odinga by 233,211 votes.

Odinga secured 6,942,930 votes (48.85 percent), followed by Roots Party candidate George Wajackoyah (61,969 votes) and David Mwaure (31,987 votes).