Kenya's president calls on court to dismiss election petitions against his win

Fred Ngatia_STAR

Fred Ngatia_STAR

"It will not be possible to be able to answer two petitions; one which we've already answered and the other one which can not be answered", Ngatia told the Supreme Court bench under the leadership of Chief Justice David Maraga.

Kenya's President Uhuru Kenyatta has called on the Supreme Court to throw out petitions challenging his election on October 26.

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Lawyers for Kenyatta and the election board had opposed the application for access to the returns, arguing it was a waste of time.

The court has until November 14 to rule on the petitions.

The court also removed from the cause list for purposes of presidential petitions, a petition by the Institute for Democratic Governance (IDEG) and ordered that it will be heard separately after the conclusion of the two petitions challenging the October vote.

Article 140 (1) states: "A person may file a petition in the Supreme Court to challenge the election of the President0-elect within seven days after the date of the declaration of the results of the presidential election".

The third is seeking to sanction opposition leaders for the civil unrest surrounding the elections.

Maraga_Mwilu_Wanjala

According to lawyer Kioko Kilukumi, the petition is anchored on Article 163 (3) (a) of the Constitution which allows the court to determine disputes relating to the election of a President arising under Article 140.

"The Supreme Court shall have exclusive original jurisdiction to hear and determine disputes relating to the elections to the office of President arising under Article 140", the said Article reads in part.

The court will prosecute the Mue-Khalifa petition jointly with that filed by former Kilome MP Harun Mwau after it made a decision to consolidate the two.

Chief Justice David Maraga in consultations with Deputy Chief Justice Philomena Mwilu and Justice Smokin Wanjala during the status conference of the presidential election petition at the Supreme Court after Uhuru Kenyatta was declared victor in the October 26, 2017 elections, Nairobi, November 14, 2017.

The court has until Monday to make a ruling, being fourteen days following the filing of the petitions.

If the election result is upheld, Kenyatta will be sworn in on November 28.

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