President Uhuru Kenyatta on Tuesday succeeded in his bid to have the National Super Alliance prohibited from taking a seat at the table that is the Supreme Court’s deliberation of the validity of the October 26 presidential petition.
Not going into detail, the Supreme Court evidently convinced by President Kenyatta’s take on the matter, simply stated:
“By a unanimous decision of the court, we find that NASA cannot be sustained as a respondent in this matter. In view of the limited time, the court will give detailed reasons for this decision on notice,” Justice JB Ojwang read out on behalf of the six judges.
It was President Kenyatta’s contention that NASA had no business weighing in on an election they did not recognise on account of their presidential contendors Raila Odinga and Kalonzo Musyoka’s withdrawal from the race prior to the poll.
The bench also separated the Institute for Democratic Governance petition that seeks to have Odinga and Musyoka censured for their refusal to participate, from the other two petitions that must be determined within the 14 day time frame set out by the constitution and which clock began ticking on November 6.
“This petition does not challenge the election of the president-elect, it is therefore not a time bound petition under Article 140 of the constitution that we must hear within 14 days. It cannot therefore be heard alongside petitions number two and four. It is accordingly taken out of the cause list of the matters to be heard between today and December 13, we do not even have time to rule on the said application to join Jubilee Party or on the preliminary objections by the respondents. In the circumstances we defer those rulings to a date to be given on notice,” Deputy Chief Justice Philomena Mwilu communicated.
Pokot South MP David Pkosing was also unsuccessful in his application to have his petition – against Odinga and Musyoka – consolidated with that of Njonjo Mue and Khelef Khalifa, on the validity of the poll.
“Honourable Pkosing’s application cannot be granted for the simple reason that his petition is not seeking to challenge the declaration of Uhuru Kenyatta as president-elect, he is seeking declarations to the effect that the acts of Hon. Raila Odinga, Hon. Kalonzo Musyoka and their supporters to boycott and attempt to sabotage the conduct of the election on October 26 amounted to treason and an attempt to unconstitutionally establish a government in Kenya,” Chief Justice David Maraga explained.
Attorney General Githu Muigai was however successful in his bid to be enjoined as an interested party in the Mue, Khalifa petition but not his application to join the Harun Mwau petition as a friend of the court.
Presidential contender Ekuru Aukot will also be participating in the proceedings before the Supreme Court as an interested party.
The court’s ruling on Mue, Khalifa’s application for an order of scrutiny for the presidential election result forms, IEBC server and KIEMS logs, complete access to the KPMG audit report on the voters register and the Independent Electoral and Boundaries Commission’s minutes for the meetings it held between September 1 and October 31, will be rendered on Wednesday