Top court set to publish petitions

Attorney-general Githu Muigai. He wrote to the court requesting to be supplied with copies of appendices attached to the petitions.

What you need to know:

  • The top court will also publish the petitions in at least one newspaper to inform the public the existence of cases challenging the declaration of Mr Uhuru Kenyatta and Mr William Ruto as president-elect and deputy president-elect, respectively.

The Supreme Court is scheduled to gazette three petitions challenging the March 4 presidential poll results by the end of Tuesday.

This comes as Attorney-General Githu Muigai wrote to the court requesting to be supplied with copies of appendices attached to the petitions.

Sources at State Law Office said Prof Muigai wants to come in as a friend of the court to represent public interest.

The top court will also publish the petitions in at least one newspaper to inform the public the existence of cases challenging the declaration of Mr Uhuru Kenyatta and Mr William Ruto as president-elect and deputy president-elect, respectively.

Registrar Esther Onchana on Monday said the law allows them three days from the time the petitions are filed to make them public.

“The petitioners too will have to file an affidavit of service showing they have served all the respondents within the stipulated three days,” she said.

She added that judges would hold a pre-trial conference with all parties on Monday next week to agree on the major issues for determination, after which Chief Justice Willy Mutunga will disclose the bench that will handle the case.

The first petition was filed by three voters allied to Jubilee alliance seeking a determination of the validity of the rejected votes. They are Mr Moses Kuria, Mr Denis Itumbi and Ms Florence Sergon.

The second one is by Coalition for Reforms and Democracy leader Raila Odinga’ while the third is by a group of over ten civil society groups under the banner of Africa Centre for Open Governance (Africog).

Mr Odinga’s case alleges massive electoral irregularities while the other two are based on technicalities of the process the commission used to arrive at the final tally.

Mr Odinga is challenging the declaration Mr Kenyatta as the winner and wants the court to set aside the results announced by the polls team.

He alleges the polls were not free and fair, and that no government can lawfully be formed based on the results.

“The electoral commission failed to establish systems which are accurate, verifiable and transparent and declared results which in many instances had no relation to votes cast at polling station,” swore Mr Odinga.

Among the issues he wants determined is whether the commission contravened the Constitution, the IEBC Act and the Elections Act.

He also wants the court to order for a fresh presidential election and any other relief the judges may deem appropriate.

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