An MP from Kiambu County is contemplating on moving to court seeking to have Presidential votes cast on August 8 recounted.
Through lawyer Harrison Kinyanjui, Gatundu South legislator Moses Kuria has instructed him to file the matter at the Milimani Law Court’s Constitutional division.
Kuria argues that every Kenyan has a right to know the number of votes cast for every Presidential candidates across the 40, 883 polling station in the country.
In his tweets, he has cited the Freedom of Information Act; saying if his petition ails through, it will constitutionally allow Kenyans to access information.
“As a voter, I am entitled to information about what is in those boxes. Let us all meet there,” he said yesterday according to the Star.
Article 163(3) (a) of the Constitution cites that only the Supreme Court has the jurisdiction of hearing Presidential petitions and thus, could be the only Judicial entity that can order for Presidential vote recount.
The Supreme Court nullified President Uhuru Kenyatta’s victory in the August elections citing irregularities in the exercise.
The Chief Justice David Maraga together with three other Supreme Court Judges ruled in favour of the petitioner, NASA who had filed the election petition.
Fresh elections have since been declared. They will be held on October 17.
Kinyanjui said they are yet to draft the case.
“Moses Kuria called me on Saturday but we have not sat down for him to give a proper instruction on what he wants,” said the lawyer.
By Pharis Kinyua. He’s an online Journalist and an author for Jamhuri News