Incumbent President Uhuru Kenyatta (L) reacts after he was announced winner of the repeat presidential election at the IEBC National Tallying centre at the Bomas of Kenya, in Nairobi, Kenya October 30, 2017. REUTERS/Thomas Mukoya

A second petition has been filed at the Supreme Court challenging Uhuru Kenyatta’s win after the repeat poll.

Former Kilome Member of Parliament Harun Mwau has filed a petition at the Supreme Court challenging the validity of President Uhuru Kenyatta’s re-election in the October 26 repeat poll.

Unlike in the previous petition filed by NASA leader Raila Odinga which was based on electoral irregularities, Mwau has based his claim on constitutional questions regarding how a fresh presidential election should be conducted.

Mwau claims that the electoral commission and its chairman Wafula Chebukati failed to conduct the fresh election in accordance with the Constitution and electoral laws as directed by the Supreme Court, hence, acted in contempt of court.

According to the former MP, in conducting a fresh election, IEBC should have called for fresh application and submission of documents by all candidates seeking to vie and collected the mandatory presidential candidates’ nomination fee of Ksh. 200,000.

At the same time, civil lawyers Njonjo Mue and Khelef Khalifa have also filed a petition citing constitutional provisions they argue were violated in the fresh poll, sentiments they had expressed in their unsuccessful bids to halt the election through suits filed at the High Court.

The petition by Mue and Khalifa also contends that the inclusion of NASA leader Raila Odinga on the ballot despite his withdrawal from the race in writing was inconsistent with the law.

The Supreme Court will have four days to hear and determine the dispute, and if the case succeeds through the preliminary stage, the hearing will start on Monday, November 13.

The court will have until November 16 to decide whether to uphold President Kenyatta’s win or to order for a fresh poll within 60 days.

If Kenyatta’s re-election is upheld, he will be sworn in on November 23, which will be seven days after the Supreme Court issues its verdict.


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