Three file suit to block Supreme Court from declaring Raila president
Three petitioners have moved to the high court seeking declarations that section 80(4)(a) of the Elections Act is unconstitutional. Ashford Koome Mbogo, Michael Ochieng Asola, and Eric Githinji want the high court to make an interpretation of the said section before the Supreme Court proceeds to hear and give a determination of the presidential election petition.
In their petition, the three say in the election petition already filed Azimio presidential candidate Raila Odinga and running mate Martha Karua are seeking to be declared duly elected upon the retallying of the presidential vote.
The three argue that Section 80(4)(a) is unconstitutional, null, and void as it expressly contravenes Article 138(10) of the Constitution and also offends the independence of the Independent Electoral and Boundaries Commission.
The provision provides that an election court can declare a winner if the votes are recounted and show that the wrong person was declared the winner. However, Article140 of the Constitution says that if the Supreme Court determines that the election of the President-Elect is invalid, a fresh election shall be held within 60 days of the determination.
As one of their prayers, 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.”
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