Activist okiya omtata had filed a petition challenging the validity of the presidential election.
In his application, Omtatah stated: “The abandonment by the NASA candidates required the 1st and 2nd respondents to abandon the October election and to organize a fresh presidential election in tandem with Article 138(9) as read with Article 138(8) (b) of the Constitution.
"The fresh presidential election preceded by fresh nominations would mean a new date, on or before the 10th of December 2017, be gazetted for the elections,” he added.
The Supreme Court Bench
The outspoken activist wants the Supreme Court to pronounce itself on the implication of the withdrawal of the NASA duo's candidature.
He stated: “The crisis has created a situation which requires this honourable court to clarify the law and pronounce itself on the validity of the fresh presidential election held on 26th October 2017 after the NASA candidates had abandoned the race on 10th October 2017.
“The results of the purported fresh presidential election held on 26th October 2017 are invalid, null and void and of no consequences under the law,” Omtatah concluded.
Deputy chief justice Philomena mwilu will be the one hearing the case.
She will constitute a bench to hear the case which will be mentioned today in the evening before being filed for full hearing.
Kenyans will be watching how the deputy chief justice will handle the case considering that she was accused of being partican in previous supreme Court case which caused the anullement of August 8 poll.
In his application, Omtatah stated: “The abandonment by the NASA candidates required the 1st and 2nd respondents to abandon the October election and to organize a fresh presidential election in tandem with Article 138(9) as read with Article 138(8) (b) of the Constitution.
"The fresh presidential election preceded by fresh nominations would mean a new date, on or before the 10th of December 2017, be gazetted for the elections,” he added.
The Supreme Court Bench
The outspoken activist wants the Supreme Court to pronounce itself on the implication of the withdrawal of the NASA duo's candidature.
He stated: “The crisis has created a situation which requires this honourable court to clarify the law and pronounce itself on the validity of the fresh presidential election held on 26th October 2017 after the NASA candidates had abandoned the race on 10th October 2017.
“The results of the purported fresh presidential election held on 26th October 2017 are invalid, null and void and of no consequences under the law,” Omtatah concluded.
Deputy chief justice Philomena mwilu will be the one hearing the case.
She will constitute a bench to hear the case which will be mentioned today in the evening before being filed for full hearing.
Kenyans will be watching how the deputy chief justice will handle the case considering that she was accused of being partican in previous supreme Court case which caused the anullement of August 8 poll.
