Dismiss poll petitions, Uhuru Kenyatta tells Supreme Court

President Uhuru Kenyatta after he was announced winner of the repeat presidential election at the Bomas of Kenya, Nairobi County, on October 30, 2017. He says the petitions filed against his win have unsubstantiated claims. PHOTO | RAPHAEL NJOROGE | NATION MEDIA GROUP

What you need to know:

  • Petitioners questioned the validity of the October 26 election.
  • President Uhuru Kenyatta says the claims are unsubstantiated.
  • He says no legal provision requires fresh nominations for the repeat election.

President Uhuru Kenyatta on Sunday asked the Supreme Court to dismiss two election petitions challenging his win.

In more than 10 affidavits filed in opposition to the petitions, President Kenyatta says the petitioners have made unsubstantiated claims.


He further says the petitioners are no more than surrogates, agents and mouthpieces of Nasa and its leaders. 

"Accordingly, it is deceitful and misleading for the petitioners to masquerade as bona fide defenders of the public interest," he said in a statement.

The response states that apart from the frivolity and vexatious value, the entire petition is otherwise a patent opportunity of wasting judicial time and resources.

"The 3rd respondent states that the petition herein consists of a flip-flopped and distorted narrative, which fails to represent the true position in Kenya following the annulment of the results of the Presidential Elections that were held on 8th August 2017," he adds.


President Kenyatta accuses Nasa of deliberately setting out to make a brazenly unlawful attempt to ensure that no repeat election would be held as scheduled on October 26.

On the requirement for fresh nominations ahead of the repeat poll, President Kenyatta says the court did not invalidate the nominations undertaken on 28th and 29th May 2017 or any other component of the annulled presidential election.

"The court merely invalidated the declaration of the presidential election," the President says.

He adds that there is no constitutional or legal provision requiring that fresh nominations be conducted during a fresh election under Article 140(3) of the Constitution.

On the contrary, he says, there are constitutional, statutory and judicial pronouncements that leave no shadow of doubt that nominations are not required during a fresh presidential election.


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