Why Moses Kuria wants Raila's election petition dismissed
Former Gatundu South MP Moses Kuria.
Chama Cha Kazi party leader Moses Kuria and outgoing Mbeere South MP Geoffrey King’ang’i are seeking the dismissal of a petition that challenges the election of Dr William Ruto as the fifth President.
The two have filed a petition at the Supreme Court that seeks to reject the suit fronted by Azimio la Umoja One Kenya coalition candidate Raila Odinga following the outcome of the hotly contested August 9 polls.
Mr Kuria and Mr King’ang’i want the apex court to dismiss the petition challenging the decision of the Independent Electoral and Boundaries Commission to declare Dr Ruto as the winner of the presidential poll.
Their prayer is based on claims of violence and election offences that occurred at the Bomas of Kenya before the announcement of results. They argue that Mr Odinga and his party caused the violence and should not be entertained by the court, or granted the orders they are seeking.
They claim that Mr Odinga’s chief agent at the national tallying centre, Mr Satiabao ole Kanchori, and another agent, Narok Senator-elect Ledama Olekina, gained access to the podium, threatened and physically assaulted the IEBC chairman Wafula Chebukati.
“The actions of Mr Odinga and Azimio through their agents amounted to breach of national security as the same caused fear and panic not only amongst the Petitioners and all the persons present at Bomas but also amongst Kenyans across the globe who were keenly following the process on television,” states Mr Kuria in his affidavit.
He says Mr Kanchori and Mr Olekina kept shouting and barring the presidential returning officer, Mr Chebukati, from performing his duty; which is, declaring the results.
“Shortly later, chaos erupted prompting security agents to safeguard the commissioners and eject the said agents from the podium,” states Mr Kuria.
He says the violence prompted Mr Chebukati to declare the presidential results under heavy security.
“The chairman alluded that he had been a victim of intimidation 30 and the altercation led to his two commissioners and the chief executive sustaining physical injuries. As a result of the violence at the national tallying centre, the IEBC chairman was prevented from performing his mandate, in that he was unable to announce results from a number of constituencies,” he offers.
The two want the Supreme Court to issue a declaration that Mr Odinga’s direct or indirect actions at the national tallying centre were aimed at obstructing IEBC from executing its duties. They also want the judges to find that Mr Odinga and Azimio were in violation of the constitution, the Elections Act and the electoral code of conduct.
Also sought is a declaration that Mr Odinga and Azimio are not entitled to benefit from any reliefs sought in the elections court by virtue of having allegedly breached the electoral code.
The petitioners allege that the Azimio leaders directly or indirectly participated or condoned electoral malpractice of obstructing IEBC.
“An order directing the Director of Criminal Investigations and the Director of Public Prosecutions to commence investigations over the disputed actions of Mr Odinga in person as well as the actions of the agents of Azimio with a view of preferring criminal charges for commission of electoral offences under the Elections Offences Act,” states the petition.
