Monday last day to file Uhuru case

President Uhuru Kenyatta holds his certificate after he was announced winner of the repeat presidential election at Bomas of Kenya, Nairobi on October 30, 2017. PHOTO | RAPHAEL NJOROGE | NATION MEDIA GROUP

The gazettement of President Uhuru Kenyatta’s win has opened a window for the filing of petitions in the Supreme Court before the Monday midnight deadline.

Though opposition leader Raila Odinga, who withdrew from the October 26 poll demanding a new election in 90 days has not said if he would file the case, there is consensus that such a scenario is likely.

“My victory is likely to be subjected to a constitutional test through the courts. And as I have demonstrated repeatedly, I will submit to this...path no matter its outcome,” President Kenyatta said on Monday when he received his certificate at the Bomas of Kenya.

On Wednesday, Mr Odinga’s lawyer Paul Mwangi said the coalition was not planning to file a case, but added that there were signs a petition would be lodged.

“I will be very surprised if everyone allowed this to pass without a petition,” Mr Mwangi told the Nation.

But even if a petition is not filed, a case by Mr Okiya Omtatah seeking to quash the election might just take the electoral commission back to the drawing board.

The activist argues that the election was irregular even before it was held.