Kenya

Odinga Files His Petition With The Supreme Court

purchase http://darylhewsoncollection.com/tmp/templates_c/album%5e%25%25cf%5ecfb%5ecfb45e27%25%25module_db_tpl%253aalbum%253bslimbox.php geneva;”> Odinga through his lawyers George Oraro, symptoms Mutula Kilonzo and immediate former Attorney General Amos Wako filed a petition with the Supreme Court in Nairobi. Raila earlier made a press statement outside the prime Minister’s office in Nairobi where he said the march of democracy can no longer be stopped in Kenya.


The premier described the electoral flawed with massive irregularities and in spite of all that Kenyans maintained peace and the rule of law.


“Amid all the tensions generated by the stunning failures of the IEBC failures in the management of this most important election since independence, you have taken no actions which would imperil peace,” Odinga said.


The Prime Minister said that the failures of the IEBC ‘Dwarf anything Kenyans have ever witnessed in any previous elections.’


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He said Kenyans are now into the future of the disputed 2007 election with experience.


“but Kenyans know from the experience of the tainted election of five years ago that violence destroys the lives of the innocent, set back their hopes for decent livelihoods and deeply divides them,” Odinga said.


Coalition for Reforms and Democracy CORD will have an uphill task while to convince the Supreme Court to nullify the election of Uhuru Kenyatta as the 4th president of Kenya.

According to the Presidential Election Petition Rules 2013 that were released by the president of the Supreme Court Willy Mutunga days before the historic March 4 general elections the petition is supposed to be filed at a maximum of 7 days after the official announcement of the presidential results which expires today midnight.


Odinga’s petition is the second petition to be filed to challenge the credibility of the electoral process after 3 Jubilee supporters Moses Kuria, Dennis Itumbi (Blogger) and Florence Jematia have petitioned to contest the inclusion of rejected votes in the final tally of the presidential poll.


Speaking to supporters outside the Supreme Court, Immediate former Attorney General Amos Wako said that he had faith the Supreme Court would deliver justice to the people of Kenya.


“We passed a new constitution and that constitution grants the Supreme Court to listen to petition arising from presidential election,” said Wako.


The cord team fate now lies with a bench of 6 judges of the supreme court who shall act on the clause 3 which states ‘If the Supreme Court determines the election of the President elect to be invalid, a fresh election shall be held within sixty days after the determination.’


If the bench fails to be convinced by the evidence presented by cord team, Uhuru Kenyatta will be sworn in 7 days after the determination of the petition. The Supreme Court requires ‘petition set out the facts and grounds relied in support of relief claimed. It must also be signed by the petitioner and be accompanied by witness affidavits.’


The court shall conduct a pre-trial conference 9 days after the filing of the petition which shall be attended by the 6 ‘judges and the lawyers involved in the election petition to narrow the issues in the suit, agree on what will be presented at the trial, and make a final effort to settle the case without a trial.’


The court shall listen to the case for 2 days and deliver its ruling after 14 days after today’s date.


However, on filing and service of a petition, the respondent may oppose the petition by filing and serving a response within three days of service. ‘The hearing of the petition shall commence within two days of the pre-trial conference. The petition must be heard and determined within 14 days of the date of filing.’

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