By CAROLE MAINA
Former Kilome MP Harun Mwau moved to the Supreme Court on Monday to challenge President Uhuru Kenyatta’s October 26 win.
Mwau alleges that the electoral commission violated the law by failing to conduct fresh nominations as required.
He says the agency violated Article 82(1)(b) and 2 (a, b) of the constitution by not complying with the mandatory requirement for nominations.
The petitioner further alleges that IEBC and its chairman Wafula Chebukati failed to ensure voting was simple and transparent. He says voting was not lawfully done because no candidate was validly nominated.
“By refusing to conduct fresh nominations, IEBC and Chebukati violated Article 83 of the constitution thereby denying eligible citizens the right to vote or stand for the elections.”
Chebukati declared Uhuru winner with a 98 per cent margin while the other seven candidates shared about one per cent. NASA leader Raila Odinga boycotted the elections but his name was on the ballot.
Mwau further argues the commission failed to regulate the nomination of candidate by parties and their registration.
He says the election was not conducted according to the dictates of the Constitution and Election Laws.
He says the IEBC’s refusal to monitor the compliance of candidates with nomination laws went against Article 88 of the constitution.
“IEBC deliberately failed to ensure that persons who vied for the October 26 presidential elections complied with Article 137 of the constitution.”
He says the electoral commission deliberately disobeyed what was required of it following the Supreme Court’s judgement on September 1.
The apex court, in a majority decision of four judges against six, annulled the August 8 election saying it was not conducted as the law dictates.
Mwau is also of the view that IEBC flouted clear constitutional and election laws providing the manner, conditions, precedent and time frame within which presidential elections are to be held.
“This renders the elections held on October 26 invalid as they were conducted in an unconstitutional, irregular, illegal manner and in flagrant disobedience of the courts directions,” he says.
Mwau also argues that instead of complying with the constitution and applicable electoral laws, the commission engaged in media appearances and negotiations which ate into the 60 days granted by the supreme law.
He is seeking several declarations including the declaration of the election as invalid because of violations of various articles of the constitution.
Mwau also wants a declaration that the polls body violated the constitution by including Cyrus Jirongo on the ballot without gazetting his name in the special notice as was the case with the other seven candidates.
He further says the commission failed to to accord all candidates equal time to campaign, affecting the conduct and results of the elections