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Focus turns to Maraga as petition hearing begins

Supreme Court Judges. [www.nation.co.ke]

Kenyans focus has now turned to the Supreme Court as it starts hearing an election petition challenging October 26 polls validity.

The repeat presidential election follows nullification of August 8 elections by the apex court on September 1.

The court led by Chief Justice David Maraga ruled that fresh polls be conducted within 60 days.

However, NASA’s Raila Odinga who successfully petitioned President Uhuru Kenyatta victory withdrew from the race, one of the issues that compound the reason for petitioning Uhuru’s victory from the repeat polls.

Petitioner Harun Mwau-former Kilome MP; Njonjo Mue and Khelef Khalifa have filed a petition challenging the election.

Today, (Tuesday) Maraga will lead the bench during the pre-trial conference set to begin at 11am where parties will agree on issues to be determined by the court.

NASA has applied to be enjoined in the case so have Dr Ekuru Aukot of Thirdway Alliance.

Attorney General Prof Githu Muigai also applied to be enjoined in the case as amicus curiae.

The AG seeks to guide the court on the thorny matter raised by the two petitioners of IEBC failure to conduct nomination of Presidential candidates.

In his submissions, the AG states that it is not mandatory for nominations to be conducted in a fresh election.

The apex court is also scheduled to hear a petition and give a determination on a separate petition by the Institute of Democratic Governance (IDEG).

IDEG wants the court to declare NASA leaders; Raila Odinga, Kalonzo Musyoka, Musalia Mudavadi, Moses Wetangula and James Orengo as unfit to hold public office.

The lobby says the NASA leaders committed are in contempt of court for calling of a boycott on the repeat polls.

IDEG also wants the Maraga-led court to determine if Kenyans suffered economic losses as a result of NASA leaders’ actions.

IEBC in its responses want the court to uphold that it conducted the repeat presidential elections in conformity with the law.

Also, IEBC seeks a declaration that there was no requirement for nomination in a fresh presidential race.

The seven-judge bench has six days to hear the petition and make a determination by November 21.

 

 

 

 

 

 

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