Chebukati, Ruto have until Friday to respond to Raila’s petition

President-Elect William Ruto and the Independent Electoral and Boundaries Commission chairman Wafula Chebukati have until Friday to respond to the petition file by Azimio la Umoja presidential candidate Raila Odinga at the Supreme Court on Monday.

Raila, who has listed his running mate Martha Karua as the second petitioner, served the two through newspapers on Tuesday. According to the Supreme Court presidential petition rules, respondents have 4 days to file their responses to the petition.

Chebukati is listed at the 2nd respondent while Ruto is the 9th respondent in the petition. The other respondents are IEBC as the 1st respondent and the rest of six Commissioners listed after Chebukati.

Raila will be required to file and serve a rejoinder within 24 hours being served with the response.

Raila and Karua want the Supreme Court to declare that they won the election and in the alternative declare that the IEBC, as presently constituted, is “incapable of presiding over and rendering a proper, credible and verifiable presidential election.”

Raila and Karua want the Supreme Court to declare that IEBC chairman Wafula Chebukati is unfit to hold public office and that he, IEBC, Ruto and Commissioners Abdi Guliye and Boya Molu “jointly and severally committed election irregularities.”

The two are also seeking a declaration that Chebukati is “in breach of the authority and trust assigned to his office as a State Officer and has brought dishonour to the nation.”

Raila and Karua also want the decision by Juliana Cherera, Francis Wanderi, Justus Nyang’aya and Irene Masit to distance themselves from the final presidential result to be upheld by the Supreme Court arguing that it was consistent with the Constitution.

The Supreme Court will hold a Pre-Trial Conference on Tuesday August 30, being the eighth day after filing of the petition on Monday.

During the Pre-Trial Conference, the court will frame the contested and uncontested Issues in the Petition as well as consider consolidation of Petitions in cases where more than one petition is filed.

The court will also determine the number of advocates it shall hear on behalf of each party, allocate time for each and give directions specifying the place and time of the hearing of the petition.

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