Lawyer Seeks Disqualification of President Uhuru's Candidature in the Repeat Election

Former Law Society of Kenya Secretary General Apollo Mboya wants the Independent Electoral and Boundaries Commission (IEBC) to bar President Uhuru from contesting in the October 26th repeat election.

The lawyer want the Jubilee party candidate and his running mate William Ruto disqualified on grounds that they disregarded the law by launching the Kenya Government Delivery Portal.

In a letter addressed to the Electoral Commission (IEBC) Chair Wafula Chebukati, Apollo said Uhuru and Ruto committed election offences by launching the portal to advertise government's achievements.

Apollo makes his argument in reference to last week's Justice Enock Chacha Mwita ruling that declared the use of the portal to advertise the government’s achievements unlawful and in breach of the Election Offences Act.

He also cites Sections 14 (6) and 24 (3) of the Election Act, which states that anyone convicted of publicising government's achievements be subjected to a Sh6 million fine or a jail term of not exceeding six years or both.

He also argues that a person found to have committed an offence under the Election Offences Act would not be eligible for nomination to an election for a period of five years after the date of conviction.

“This therefore means that as at August 8, the President and his Deputy had committed Election Offences inviting the sanctions contained in the provisions of sections 14(6) and 24(3) of the Election Offences Act. The same remains true for the fresh elections scheduled for October 26 or any other election that the President and Deputy President present their candidature. There is no immunity under the Act,” he says in his letter dated October 24th.

IEBC has not respond to Mr Mboya’s letter.