Raila's Plea On Petition
The East African Standard (Nairobi)
12 February 2008
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
"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.