Harun Mwau files petition to block repeat presidential poll

Former Kilome MP Harun Mwau has moved to court seeking to have the electoral commission blocked from going ahead with plans to conduct the repeat election set for October 26.

Mr Mwau on Monday, October 16, filed a petition urging the High Court to quash a gazette notice of September  5 on the fresh presidential election.

The former MP argues that the Independent Electoral and Boundaries Commission (IEBC) and its Chairman Wafula Chebukati, who have been listed as respondents in the case, intend to flout provisions of the Constitution and electoral laws in the upcoming election and this might result in another nullification of the election.

“If the fresh presidential elections are allowed to proceed as the respondents intend, the Supreme Court, like night follows the day, will invalidate the same.

“It is in high public interest that the fresh presidential election be conducted in accordance with the Constitution and applicable laws. Also considering the effects of the elections on the economy and the strain on public resources, it will be unfair, unjust and it will injure public interest for the Court to allow an election to proceed other than prescribed by the Constitution,” Mwau submitted in the petition filed by B.M.Musyoki & Company Advocates.

He claims that since the Supreme Court ordered for a “fresh election”, IEBC will be acting contrary to the law by not allowing nomination of candidates to take place.

Last week, the electoral body gazetted names of all the candidates who vied in the August poll, apart from Cyrus Jirongo, as contestants in the election set for October 26. They gazetted candidates include: President Uhuru Kenyatta, Raila Odinga, Thirdway Alliance candidate Ekuru Aukot, Abduba Dida of Alliance for Real Change and independent candidates Joe Nyaga, Japheth Kaluyu and Michael Wainaina.

Jirongo was left out after the High Court declared him bankrupt for failing to service his debts.

While withdrawing from the repeat election, National Super Alliance (NASA) presidential candidate Raila Odinga also called on the IEBC to conduct a fresh election within 90 days preceded by a new round of party nominations.

The poll body however insists the election will go on as planned without any fresh nominations.