Chama Cha Kazi party leader Moses Kuria and outgoing Mbeere South MP Geoffrey King’ang’i are seeking that a petition challenging Dr William Ruto’s election as the fifth President be dismissed.
Following the outcome of the hotly contested August 9 elections, the two have petitioned the Supreme Court to dismiss the suit brought by Azimio la Umoja One Kenya coalition candidate Raila Odinga.
Mr Kuria and Mr King’ang’i want the Supreme Court to dismiss the petition challenging the Independent Electoral and Boundaries Commission’s decision to declare Dr Ruto the winner of the presidential election.
Their prayer is based on allegations of violence and election violations in Kenyan Bomas prior to the announcement of results. They argue that Mr Odinga and his party are to blame for the violence and should not be granted the orders they seek.
According to them, Mr Odinga’s chief agent at the national tallying center, Mr Satiabao ole Kanchori, and another agent, Narok Senator-elect Ledama Olekina, gained access to the podium and threatened and physically assaulted IEBC chairman Wafula Chebukati.
“The actions of Mr Odinga and Azimio through their agents amounted to breach of national security as the same caused fear and panic not only amongst the Petitioners and all the persons present at Bomas but also amongst Kenyans across the globe who were keenly following the process on television,” states Mr Kuria in his affidavit.
He claims that Mr Kanchori and Mr Olekina kept shouting and blocking the presidential returning officer, Mr Chebukati, from doing his job, which was to declare the results.
“Shortly later, chaos erupted prompting security agents to safeguard the commissioners and eject the said agents from the podium,” states Mr Kuria.
He claims that the violence prompted Mr. Chebukati to declare the presidential election results under tight security.
“The chairman alluded that he had been a victim of intimidation 30 and the altercation led to his two commissioners and the chief executive sustaining physical injuries. As a result of the violence at the national tallying centre, the IEBC chairman was prevented from performing his mandate, in that he was unable to announce results from a number of constituencies,” he offers.
The two want the Supreme Court to rule that Mr Odinga’s direct or indirect actions at the national tallying center were intended to prevent the IEBC from carrying out its duties. They also want the judges to rule that Mr Odinga and Azimio broke the constitution, the Elections Act, and the electoral code of conduct.
A declaration that Mr Odinga and Azimio are not entitled to any relief sought in the elections court because they allegedly violated the electoral code 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 and the Director of Public Prosecutions to commence investigations over the disputed actions of Mr Odinga in person as well as the actions of the agents of Azimio with a view of preferring criminal charges for commission of electoral offences under the Elections Offences Act,” states the petition.
