Okiya Omtatah asks Supreme Court to quash repeat election

Activist Okiya Omtatah has moved to Supreme Court after failing to stop repeat poll at the High Court.

He now wants Thursday repeat presidential election nullified, arguing that it was voided by the withdrawal of National Super Alliance (Nasa) presidential candidate Raila Odinga and his running mate Kalonzo Musyoka.

In a case filed on Friday, Mr Omtatah argues that the “purported fresh presidential election” held on October 26, was irregular before they were held, and therefore an exercise in futility.

INVALID

“The results of the purported fresh presidential elections held on 26th October 2017 are invalid, null and void and of no consequences under the law,” Mr Omtatah argues.

He said the pull out by Nasa has created a crisis, which requires the Supreme Court to clarify the law and pronounce itself on the validity of the fresh presidential election.

“That despite being a nullity in law, the purported fresh presidential elections held on 26th October 2017 have literally divided the country down the middle and this Honourable Court needs to pronounce itself on their validity before more harm is done to the republic,” Omtatah said.

His attempt to stop the election and calls for the formation of a caretaker government was dismissed by the High Court after Justice Chacha Mwita said the High Court does not have the jurisdiction to hear the case.