Okiya Omtata

The Kenyan presidential election results will once again be deliberated by the Supreme Court as activist Okiya Omtata has asked it to nullify the repeat presidential elections.

Omtata filed the petition today asking the court to compel the IEBC to hold a fresh presidential election, preceded by fresh nominations, “pursuant to Article 138(8) (b) and 138(9) of the constitution and under the election laws in force during the annulled 8th August 2017 presidential election.”

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According to the activist, the fresh presidential election held on 26th October 2017 was irregular before it was held. He said it was invalid, null and void since the NASA candidates withdrew from it.

He also says that the NASA candidates’ abandonment of the repeat elections was within the law.

Omtata also argues that the announcement by IEBC Chairman Wafula Chebukati on October 18, that he could not guarantee a credible election renders whatever result he announces “untrustworthy”.

“Given that the public announcement by the 2nd respondent that he cannot guarantee free, fair and credible elections had not been withdrawn at the time the exercise on 26th October 2017 was held, makes the results he will announce untrustworthy,” argues Omtatah.

“The Fresh Presidential Elections Implementation Team was being sabotaged and that was jeopardizing the IEBC ability and capacity to conduct free, fair and credible elections,” reads part of the petition.

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He further states: “The purported elections of 26th October have left the country divided down the middle
and that poses a threat to the entire Constitution of Kenya 2010.”

Okiya Omtata has listed the electoral commission, its chairman Wafula Chebukati and all eight candidates who were on the ballot as respondents in the case.

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