THE POLITICAL SCENE IN KENYA: THE ELECTION PETITION

Friday 29 March 2013

THE ELECTION PETITION

THE ELECTION PETITION

The announcement made by the chairman of the Independent, elections and Boundaries Commission (IEBC), Mr. Isaack Hassan on 4^th March, 2013 has sparked yet another issue in the country, that of the credibility of the commission and of the commissioners. The announcement that saw Uhuru Kenyatta be the president-elect in a round one win as the IEBC puts it, has led to some of the parties and civil society, challenge the outcome in the top most Kenyan court; that is the supreme court that is chaired by the chief justice hon. Willy Mutunga.

The supreme court that has a total bench of six judges including the chief justice, is set to give their result on the hearing of the petition on Saturday 30^th March just barely a fortnight after the cases had been filed in the court, that is on 16^th March,2013.

The CORD Principles, led by the Prime Minister Raila Amollo Odinga and the Vice President Kalonzo Musyoka, and several civil society groups have expressed their concerns about the just concluded election and have stated that the IEBC never conducted a free and fair elections. In this case that is in the court ,the premier and the civil society are the petitioners while Deputy Prime Minister Uhuru Kenyatta, Eldoret North MP William Ruto and IEBC chairman Isaack Hassan are the respondents.

The petition that were filed by the Civil Society lawyers led by Kethi Kilonzo and CORD’S ALLIANCE lawyers led by senior counsel George Oraro, Mutula Kilonzo, James Orengo and Amos Wako, seek to challenge the credibility of the IEBC and the election of Uhuru Kenyatta as the President Elect in the just concluded elections.

However, the IEBC led by their lawyers have refuted these claims and have stated that Uhuru Kenyatta was eligibly elected by the citizens and achieved the 50%+1 vote in the firs round. The JUBILLE COALITION through their lawyers, have also agreed that they won the elections and are ready for the court contest that has been presented by the CORD and the CIVIL SOCIETY to challenge the results.

The CORD’S lawyers have also expressed concern to support their case and have stated that they have several evidences to present before the court. They have stated that they are ready to meet the other learned friends at the corridors of justice and have confidence that the court will rule on their favour and that justice will prevail.

However just a week later after the cases were filed, the CORD Coalition has received a setback after their 900 paged affidavit, that was to show massive rigging in several counties, was rejected by the judges citing that it was late. The Coalition for Reforms and Democracy has however stated that this doesn’t affect their petition in any manner besides offering more details. They said that the evidence they have presented is already enough to knock off the 8000 votes that give Honorable Uhuru Kenyatta the 50%+ 1 threshold.