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BY KORIR JUMA,NAIROBI,16TH NOV 2017-President Uhuru Kenyatta’s lawyers in the petitioners challenging his re-election have urged the supreme court to throw out the petition saying petitioners did not take part in the October 26 repeat poll and therefore had no legal basis to challenge the outcome.
In the mid morning session,the lawyers led by Fred Ngatia argue that the petitioners had not proofed beyond reasonable doubt that they did take part in the exercise.
In a spirited defense the lawyers who also included Kimani Kiragu and Ahamednasir Abdullahi urged the court to examine who the petitioners were, because to them , they cannot be allowed to question a process in which they were not part of.
On his part Lawyer Ahamednasir Abdullahi termed the petition as part of a bid by the petitioners, who are members of civil society groups under the banner of Kura Yangu, Sauti Yangu, for foreign financing.
“This petition has nothing to do with public interest litigation. It is a powerful and innovative proposal for donor funding,” said Mr Abdullahi.
He also argued that the petitioners do not constitute a “person” in the sense outlined in the Constitution and their refusal to participate in the polls meant they should not have challenged the outcome.
“You must litigate over a grievance that has arisen over your rights under Article 38 (political rights). You must have a cause of action under Article 38 (2) (right to free, fair and regular elections). Then, you must be aggrieved as to how your rights were aggrieved by IEBC,” he added.
Asked by Justice Njoki Ndung’u whether the right to vote included the right not to vote, he said that is not the case.
“When you elect not to vote, you are just invalidating your right to vote. There is no distinct right called ‘The right not to vote.’ You can’t say that ‘I will not participate in this election and then say ‘This election was bad because of A, B, C, D.’ You did not participate in the process,” said Mr Abdullahi.