Huge task ahead as appellants file 10 suits

Ten presidential election petitions were filed yesterday at the Supreme Court sub-registry at the Milimani Law Courts before the 2pm deadline.

The petitions, which started trickling in at 9am, were filed by voters, activists and politicians mainly challenging results of the August 9 presidential election.

Seven of the petitions have been filed against the Independent Electoral and Boundaries Commission and President-elect William Ruto.

Petitioners are John Kamau, four activists led by Khelef Khalif, Youth Advocacy Africa, a lobby group, which has filed alongside one Peter Kirika, Azimio presidential candidate Raila Odinga and his running mate Martha Karua.

Others who have filed petitions against IEBC are David Ngari, a voter, activist Okiya Omtatah and Juliah Chege, who has filed alongside two others.

A separate petition by gospel artist Reuben Kigame has been filed, seeking a declaration that IEBC violated his rights when it blocked him from vying for the presidency.

Kigame is pushing for a declaration that the presidential nomination and clearance of Ruto, Raila, George Wajackoya and Waihiga Mwaure was null and void.

A cross petition by Chama Cha Kazi party leader Moses Kuria and outgoing Mbeere South MP Geoffrey King’ang’i has also been filed seeking to dismiss the suit lodged by Raila and Karua over alleged election malpractices.

In the seven petitions against the electoral agency and Ruto, the petitioners are mainly seeking nullification of the presidential election and results declared by Chebukati.

A voter, John Kamau, who was the first to file his petition has named Chebukati, President-elect William Ruto and his running mate Rigathi Gachagua as Respondents.

Interested parties

Raila, Karua and IEBC commissioners Juliana Cherera, Irene Masit, Justus Nyangaya, Francis Wanderi, Prof Abdi Guliye and Boya Molu are listed interested parties.

In the petition, Kamau wants nine declarations, among them that the constitutional mandate for tallying and verifying election results as received from the polling stations has to be undertaken by all IEBC commissioners and not the chairman unilaterally.

 Among the nine prayers he is seeking are; declaration that the presidential election held on August 9 was not conducted in accordance with the Constitution and the applicable law. He also wants the Supreme Court to find that IEBC chairman does not have the power to postpone General Election.

Kamau is also seeking a declaration that Ruto and his deputy were not validly declared as the president-elect and deputy president-elect respectively, and therefore, wants the court to quash their gazettment.

Election irregularities

“A declaration that Chebukati has violated Article 10 and 73 of the Constitution and that the IEBC chair committed election irregularities and illegalities and should therefore should be investigated for possible criminal culpability,”  Kamau says in his petition.

Further, Kamau wants an order prohibiting Chebukati from acting as Returning Officer of any subsequent presidential election and be barred from holding any public office.

The four activists; Khelef Khalifa, George Osewe, Ruth Mumbi and Grace Kamau are accusing the electoral commission of failing to comply with election principles and regulations.

According to the petitioners, Chebukati erred in excluding the other commissioners.

The four want the court to order Chebukati to avail all materials including electronic documents, devices and equipment for presidential election within 48 hours of filling the petition.

They also want a declaration that Ruto was not validly declared as President-elect and that the same is invalid null and void.

“A declaration that IEBC chairman committed election irregularities and illegalities in the presidential elections and malpractices and a report to that effect to be sent to the DPP, “ the petition

Omtatah has filed his suit alongside Nyakina Gisebe, Victor Okuna and John Maina, the Executive Director For Centre  For Diaspora Affairs.

They are aggrieved that contrary to section 39(1D) of the Elections Act, 2011, the commission did not verify that the results transmitted were an accurate record of those tallied, verified and declared at the respective polling stations.

Petitioners want a declaration that the results announced by the IEBC chairman vide Form 34C dated August 15 are not based on the absolute total of the number of votes that were cast at the presidential election (voter turnout).

They are also seeking a declaration that at least 140,028 number of untallied votes were not included in the results announced by IEBC chairman vide Form 34C dated August 15.

“A declaration that the results of the presidential election announced by the chairman vide Form 34C dated August 15, 2022, were not openly and accurately collated, and are not verifiable,” Omtatah argues.

Kuria and King’ang’i on their part want the supreme Court, led by Chief Justice Martha Koome to dismiss the case filed by Raila and Karua over the violence that occurred at Bomas during the tallying of votes. They argue that Raila and  Karua should not be granted the orders sought against Ruto and the electoral commission.

The two outgoing MPs claim Azimio Chief Agents, led by Saitabao Kanchory and others caused violence at the Bomas.