IEBC responds to petition filed against October 26 poll

The electoral commission together with its chairman Wafula Chebukati have asked the Supreme Court to dismiss a case filed by activist Okiya Omtatah seeking the nullification of the controversial October 26 presidential election.

In an affidavit filed on Thursday (November 9), IEBC says the repeat presidential election met the threshold set out in the Constitution.

While responding to Omtatah’s case, the electoral commission claimed that adding that the petition is an abuse of court process, arguing that the Supreme Court lacks jurisdiction to hear and determine the case.

“To the extent that the petition was filed on 27th October 2017 which was before the declaration of results of the fresh presidential election on 30th October, 2017, the petition lacks the requisite legal foundation and ought to be dismissed,” says IEBC.

On the issue of not conducting fresh nominations prior to the repeat poll, the commission says that the full spectrum of the nominations processes requires way in excess of 60 days and that it is therefore impracticable for nominations to be held in the case of repeat elections.

In the affidavit filed by Mahamud Jabane, IEBC claims that it held extensive internal consultations as to the manner in which the fresh presidential election was to be conducted as directed by the apex court and it was clear that it would not be possible to have the nominations for the explained reasons.

Further the Chebukati-led commission says that the issue of nomination of candidates for fresh elections is erroneous and impracticable.

On issues of internal differences among the commissioners, the commission argues that the court cannot be invited to interrogate its internal decisions and functions unless it is shown that its conduct is in contravention of the law.

According to Omtata, the fresh presidential election held on 26th October 2017 was irregular before it was held, was invalid, null and void having been vacated by the decision of the NASA candidates withdraw.

The activist further argues that the announcement by IEBC Chairman Wafula Chebukati on October 18, that he could not guarantee a credible election renders the results of the October 26 poll “untrustworthy”.

“Given that the public announcement by the 2nd respondent that he cannot guarantee free, fair and credible elections had not been withdrawn at the time the exercise on 26th October 2017 was held, makes the results he will announce untrustworthy,” argues Omtatah

“The Fresh Presidential Elections Implementation Team was being sabotaged and that was jeopardizing the IEBC ability and capacity to conduct free, fair and credible elections,” reads part of the petition.

He wants the court to determine whether the October 26 election is invalid, null and void and whether IEBC should be ordered to conduct a fresh presidential election.

Meanwhile, two other petitions challenging the validity of President Uhuru Kenyatta’s re-election were filed on Monday and are set to be determined by the highest court in the land by November 20.