Summary

President Kenyatta maintained the fresh presidential election was conducted in accordance with the Constitution.

The Head of State said prayers by Mwau that the election should be nullified have no legal basis.

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President Uhuru Kenyatta. PHOTO: Watchdog Uganda

President Uhuru Kenyatta has now urged the Supreme Court to dismiss with costs two petitions seeking the invalidation of his re-election during the October 26 repeat presidential election boycotted by his rival Raila Odinga.

In responses filed by his lawyers, President Kenyatta has maintained the fresh presidential election was conducted in accordance with the Constitution and the applicable law, and dismissed the petitions filed by former Kilome lawmaker Harun Mwau and activists Njonjo Mue and Khelef Khalifa.

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The Head of State said prayers by Mwau that the election should be nullified since there were no fresh nominations conducted following the annulment of the August 8 presidential election by the Supreme Court have no legal basis.

In his affidavit, President Kenyatta quotes paragraph 289 of the 2013 ruling by the apex court on a petition filed by his main challenger National Super Alliance (NASA) – then Coalition for Reforms and Democracy (CORD) – presidential candidate Raila Odinga, in which the court pronounced itself on who the candidates should be in the event the election of a President is voided.

“Since such a fresh election is built on the foundation of the invalidated election, it can, in our opinion, only involve candidates who participated in the original election. In that case, there will be no basis for a fresh nomination of candidates for the resultant electoral contest,” the Supreme Court bench at the time rendered.

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According to President Kenyatta, a ruling by High Court Judge John Mativo on October 11 allowing Thirdway Alliance presidential candidate Ekuru Aukot to be included in the fresh election was, as a matter of fact, a validation of the position in law.

As a participant in the annulled election, President Kenyatta argues in his affidavit that Aukot had a right to be accorded a chance to contest.