MP wants Supreme Court to validate Uhurus win, charge NASA for boycott

Pokot South MP David Pkosing has filed a petition at the Supreme Court seeking orders to declare National Super Alliance leader Raila Odinga’s decision to ‘boycott’the repeat presidential election on October 26 as unconstitutional.

Pkosing argues that NASA’s boycott was subversive, treasonous and a political scheme to establish a government without complying with the constitution.

The legislator wants the court to uphold President Uhuru Kenyatta’s win in the October 26 repeat poll and NASA charged for blocking the election.

“The threats by NASA coupled with the sabotage of the fresh presidential elections held on 26th October, 2017 were unlawful, subversive and treasonous adding that the actions violated the rights of over 19 million registered voters under Article 38(3)(b) of the Constitution,” The MP submitted through his lawyer Kibe Mungai

In the petition, Pkosing  also wants the Supreme Court to determine whether a fully or partially successful sabotage, subversion or impediment of the election for president envisaged under Articles 3(2) and 136(1) can affect the legality, legitimacy of a presidential election.

He also wants the court to determine whether a candidate can stage a boycott for personal gain under Article 138 of the Constitution in reference to Raila’s boycott that led to low voter turnout in the poll and failure by IEBC to conduct the election in 25 constituencies.

The suit comes one week after the High Court dismissed the case citing lack of jurisdiction.

NASA principals, the Attorney General and IEBC have been named as respondents.