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4 petitions filed against Uhuru Kenyatta win

Tuesday November 7 2017

George Bush  and John Chengo

Mr John Chengo (left) and Mr George Bush (second left) want the court to allow them to file their petition challenging President Kenyatta's win without paying the required fees. PHOTO | FILE | NATION MEDIA GROUP 

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Four presidential election petitions have been filed to challenge the re-election of President Kenyatta on October 26.

The cases were lodged at the Supreme Court a few hours to the deadline on Monday evening.


One of them was, however, rejected by the Deputy Registrar of the Supreme Court Daniel ole Keiwua because the petitioners failed to follow the court’s rules, and for lacking accompanying affidavits.

Describing themselves as paupers, George Bush and John Chengo, wanted the court to allow them to file their petition challenging President Kenyatta's win without paying the required fees.

Two other petitions— one filed by former Cabinet minister Harun Mwau and another by Njonjo Mue and Khelef Khalifa— seek the nullification of President Uhuru Kenyatta’s win.


Mr Mwau says in the petition that IEBC violated article 82 1 (b)  and 2(a, b) of the Constitution by failing to comply with the mandatory requirement by subjecting the eight presidential candidates to fresh nominations.

A fourth petition— filed by Institute of Democratic Governance— seeks to have opposition leaders led by Raila Odinga held liable for violence and damages during the period of fresh presidential election.


The organisation through lawyer Kioko Kilukumi accuses National Super Alliance (Nasa) leaders of engaging in serious electoral malpractices and irregularities during the repeat poll.

They accuse the Nasa leaders of violating the rights of the citizens and they want the court to find them unfit to hold public office under Chapter 6 and Article 137 of the Constitution.

The petition says Mr Odinga, Mr Kalonzo Musyoka, Bungoma Senator Moses Wetangula, his Siaya counterpart James Orengo and ANC leader Musalia Mudavadi are liable for the losses and damages from the acts of violence and intimidation occasioned during the repeat election.

In their petition, Mr Mue and Mr Khalifa argue that the Independent Electoral and Boundaries Commission (IEBC) did not conduct the fresh election in strict conformity with the Constitution and the applicable laws.

They also accuse the electoral body of disregarding the directives of the Supreme Court, when the judges nullified the August 8 presidential election on September 1.