BY JOHN WERU,NAIROBI,10TH NOV 2017-President Uhuru Kenyatta says that a petition filed by activist Okiya Omtatah seeking formation of interim government as Kenya prepares for fresh presidential election was abuse of court process.
In his petition, the activist argues that the withdrawal of National Super Alliance (Nasa) candidate Raila Odinga and his running mate Kalonzo Musyoka from the October 26 repeat presidential election rendered the poll void.
He believes that the poll was invalid because no fresh nominations were conducted by IEBC and wants the apex court to order the commission to organise a fresh poll in 90 days.
But President Kenyatta says the case is an abuse of court process.
Mr Omtatah has failed to adduce evidence to support his claims, the Jubilee Party leader says.
President Kenyatta through lawyer Fred Ngatia insists that the validity of his election cannot be questioned by Mr Omtatah because he moved to court even before it was held.
He further argues that the validity of an election can only be determined after the results have been declared by the IEBC.
President Kenyatta says Mr Omtatah has not provided proof of Mr Odinga’s withdrawal from the October 26 poll.
“It is common knowledge that the name of Raila Odinga was on the ballot as a candidate in the fresh election,” Jubilee Party Director of Legal Affairs Marykaren Kigen says in their affidavit.
Other responses have been filed by Attorney-General Githu Muigai and the Independent Electoral and Boundaries Commission (IEBC).
Both holds position that Supreme Court lacks jurisdiction on the petition and want it dismissed.