News 2008


Raila's Plea On Petition

The East African Standard (Nairobi)

12 February 2008

Judy Ogutu


ODM leader, Mr Raila Odinga, wants the High Court to strike out a petition challenging the election of President Kibaki.

Raila says as far as he was concerned, there was no proper and valid petition before the court.

Mr Eliphaz Wesangula Keya has sued Kibaki, Raila, the Electoral Commission of Kenya (ECK), Molo Returning Officer, Mr Raban Korallach, and Juja Returning Officer, Mr Watson Mahinda.

Keya wants election results of the 210 constituencies scrutinised and tallied by the High Court.

He further argues that if the scrutiny and tallying establish that Kibaki was not elected, the December 27 elections should be declared void and a certificate issued.

Through his lawyer, Mr James Orengo, Raila says the petition was not presented, filed and served within 28 days after the results were gazetted.

"The petition discloses no reasonable cause of action, it is scandalous, frivolous and vexatious and an abuse of the court process," says Raila.

He says he has not been served by the petition, neither has he seen any notices published in the newspapers since the petition was filed last month.

"An election petition must be presented and served within 28 days after the date of publication of the result an English and Kiswahili daily with the highest circulation," he argues.

High Court Judges, Justice Joseph Nyamu, Justice Roselyn Wendoh and Justice Joseph Sergon, have directed Orengo to file and serve the application and the respondents to respond within seven days.

Keya claims Raila's allegations of rigging and an incompetent judiciary are serious and need to be tested since they risk undermining the reputation, integrity and independence of the courts and the Electoral Commission of Kenya.