Raila Odinga, the leader of the Azimio la Umoja One Kenya coalition party, wants the Supreme Court to dismiss a petition filed by former Gatundu South MP Moses Kuria seeking dismissal of his suit challenging William Ruto’s election as President.
In a one-line response to Mr Kuria’s petition, Mr Odinga stated that the Supreme Court lacks the jurisdiction to hear and rule on the allegations of election violations levelled against him.
“This court lacks jurisdiction to hear and decide the petition,” said his lawyer, Paul Mwangi.
The lawyer stated that if the case is called for a hearing, he will file a preliminary objection against Mr Kuria’s petition.
Mr Kuria, the Chama Cha Kazi party’s leader, and former Mbeere South MP Geoffrey King’ang’i filed the petition, urging the Supreme Court to dismiss Mr Odinga’s suit on the grounds that he engaged in election malpractices.
According to the two ex-MPs, Mr Odinga, through his Chief Agents led by Saitabao Kanchory and others, instigated violence at the National Tallying Center in Bomas.
The prayer of the two retiring lawmakers is based on allegations of violence and election violations in Bomas, Kenya, prior to the declaration of Dr Ruto as President-elect.
The pair argued that Mr Odinga and his Azimio la Umoja party were responsible for the violence and thus should not be granted orders invalidating Dr Ruto’s election and re-running the presidential election.
They claimed that Mr Odinga’s Chief Agent at the national tallying centre, Mr Kanchori, and another agent, Narok Senator-elect Ledama Ole Kina, gained access to the podium and threatened and physically assaulted Chairman of the Electoral Commission Wafula Chebukati.
“The actions of Mr Odinga and Azimio through their agents amounted to a breach of national security because they caused fear and panic not only among the Petitioners and all those present at Bomas but also among Kenyans around the world who were keenly following the process on television,” Mr Kuria stated in his affidavit.
He claimed that Mr Kanchori and Mr Ole Kina continued to yell, preventing the Presidential Returning Officer from carrying out his duty of declaring the election results.
“Shortly thereafter, chaos ensued, prompting security agents to protect the commissioners and eject the said agents from the podium,” Mr Kuria explained.
He went on to say that the violence prompted the Chairman of the Independent Electoral and Boundaries Commission (IEBC) to declare the Presidential election results under tight security.
“The Chairman alluded to being a victim of intimidation 30, and the altercation resulted in physical injuries to his two commissioners and the CEO.” As a result of the alleged violence at the National Tallying Center, the Chairperson of the IEBC was unable to carry out his mandate, as he was unable to announce results from a number of constituencies,” he stated in court papers.
The two retiring MPs urged the Supreme Court to issue a declaration that Mr Odinga’s direct or indirect actions at the Presidential election tallying centre were intended to obstruct the IEBC from carrying out its mandate.
They also requested that the court rule that Mr Odinga and the Azimio party violated the Constitution, the Elections Act, and the Code of Electoral Conduct.
A declaration that Mr Odinga and his political party are not entitled to any relief sought in the elections court due to alleged violations of the electoral code of conduct is also sought.
The petitioners claim that Azimio leaders participated in or condoned electoral malpractice by obstructing the IEBC, either directly or indirectly.
“An order directing the Director of Criminal Investigations, in collaboration with the Director of Public Prosecutions, to initiate investigations into the disputed actions of Mr Odinga in person, as well as the actions of Azimio’s agents, with a view to preferring prosecution.”
They petition for criminal charges for the commission of electoral offenses under the Elections Offences Act.
The Judiciary has notified all parties involved in the presidential petitions that the pretrial conference is set for tomorrow (Tuesday) August 30 at 11 a.m. at the Milimani law courts ceremonial hall.
The court will define the petitions’ hearing schedule and ground rules to be followed by all parties during the conference.
