The Azimio La Umoja One Kenya coalition has asked the Supreme Court to dismiss a petition filed by former Gatundu South Member of Parliament Moses Kuria regarding the presidential election on August 9th.
The Raila Odinga-led coalition claims that the Supreme Court lacks jurisdiction to hear Moses Kuria’s petition.
“The Supreme Court’s jurisdiction in a Presidential Election is limited to determining the dispute on the validity of a Presidential Election,” court papers state.
On Monday, Moses Kuria filed a petition seeking the dismissal of Raila Odinga’s election petition challenging William Ruto’s declaration as president-elect.
Kuria claims in his petition that Odinga and his party incited violence and should not be heard by the court or granted the orders they seek.
However, Kuria’s petition, according to Azimio, does not challenge the legitimacy of a Presidential Election and should be dismissed.”The petitioner’s reliefs/prayers do not seek to overturn the results of a Presidential Election. As a result, the Supreme Court cannot rule on the Petition and grant the relief sought by the Petitioner ” says Azimio.
Azimio contends that the current Petition filed by Kuria is not time-bound litigation as required by Article 140 of the Constitution to be heard and determined within 14 days.
