Activist Okiya Omtatah’s case challenging President Uhuru Kenyatta’s October 26 election win has been forwarded to Deputy Chief Justice Philomena Mwilu.
Supreme Court registrar Daniel ole Keiuwa made this known on Friday, adding that the DCJ will constitute a bench that will hear it.
All parties in the case have complied with courts directives and have filed their submissions.
In his petition, the activist argues that the withdrawal of National Super Alliance candidate Raila Odinga and his running mate Kalonzo Musyoka from the October 26 repeat presidential election rendered the poll void.
He believes that the poll was invalid because no fresh nominations were conducted by IEBC. He wants the apex court to order the commission to organize a fresh poll in 90 days.
The respondents; Uhuru, Attorney General Githu Muigai and IEBC, have filed grounds of opposition saying the top court lacks jurisdiction to hear and determine the case. They want it dismissed.
In response, Uhuru termed the case an abuse of court processes and said the petitioner did produce evidence to support his claims.
He also holds that the validity of his election cannot be questioned by Mr. Omtatah because he moved to court even before it was held. He argues that the validity of an election can only be determined after the results have been declared by the IEBC.
Through his lawyer Fred Ngatia, President Kenyatta says Mr. Omtatah has not provided proof of Mr. Odinga’s withdrawal from the October 26 poll.
“It is common knowledge that the name of Raila Odinga was on the ballot as a candidate in the fresh election,” Jubilee Party Director of Legal Affairs Marykaren Kigen says in their affidavit.
“The only inference that can be drawn from this is that IEBC did not receive any valid notice of withdrawal from NASA”.
“The proper interpretation of the Constitution is that elections are to be canceled only where a candidate dies or no one has been nominated,” she says.
IEBC in its response, argues that the election was conducted in accordance with the Constitution and the applicable laws.
The commission says Article 140 (1) of the Constitution makes it clear when a petition challenging a presidential election may be filed within seven days after the date of the declaration of the results.
IEBC supports Mr. Kenyatta argument that Mr. Omtatah’s case was filed prior to the election holding, hence it cannot challenge its outcome.