Presidential poll petition: Reuben Kigame, activists file cases against Ruto’s win
Presidential candidate Reuben Kigame addressing journalists at Anniversary Towers, Nairobi on May 4, 2022.
Other than Mr Raila Odinga’s petition, four others have been filed at the Supreme Court, with the petitioners claiming the electoral body did not conduct elections in two counties and several constituencies, thus affecting the outcome of the presidential results.
The four petitions are by a group of activists led by Mr Khelef Khalifa; Youth Advocacy Africa (YAA) and Peter Kirika; presidential aspirant Reuben Kigame; and another by Mr John Njoroge Kamau.
The common thread in all the four petitions is that the elections were not free and fair as envisioned in the constitution.
The petitioners want the Supreme Court to declare that the “suppression of votes” in Mombasa and Kakamega counties “tainted the presidential election”.
They also want a finding that the Independent Electoral and Boundaries Commission (IEBC) had no constitutional mandate to postpone elections in Mombasa and Kakamega Counties, as well as in Kacheliba, Pokot South, Rongai and Kitui Rural constituencies.
Results should be voided
The outcome of the presidential poll, the petitioners say in their separate cases, is not a reflection of the wishes of all the voters and therefore the elections results should be voided.
“The rights of voters in the affected counties and constituencies were violated. They did not cast their ballots to elect a president of their choice,” the Youth Advocacy Africa (YAA) and Peter Kirika states in their petition.
The petitioners argue that Article 38 of the constitution was violated as areas where polling was cancelled suppressed voting in the presidential election, which affected the outcome.
YAA and all the other petitioners have named President-elect William Ruto, Azimio’s presidential candidate Mr Odinga, his running mate Mar-tha Karua, Attorney General Paul Kihara and IEBC commissioners as respondents.
The petitioners say the presidential poll results were bungled and that the abrupt decision to call off elections in the two counties and four constituencies interfered immensely with the outcome of the State House race.
Manual register
YAA also claims IEBC failed to comply with Regulation 69(1)(d) of the Elections (General) Regulation 2012 by failing to cross out in the manual register voters who were identified by the Kiems kits.
They also claim IEBC did not observe integrity rules by allowing candidates accused of engaging in fraudulent activities to participate in the presidential poll.
Auditing of the voters register, the petitioners also say, raised many issues that affected the outcome of the elections.
Mr Kigame, who was kicked out of the presidential race for what IEBC said was failure to meet the set conditions, wants the Supreme Court to reject the presidential elections and order a fresh poll.
“My dreams, as well as those of others got into jeopardy as a result of the unreasonableness of and discriminatory actions by IEBC to lock me out of the polls,” Mr Kigame states.
He is asking the court declare the clearance of four presidential candidates – Mr Odinga, Dr Ruto, Prof George Wajackoyah and Mr David Mwaure – as null and void.
Mr Kamau and Mr Khalifa say the presidential elections were not conducted in accordance with the constitution and should be declared null and void.
The court has been asked to order that Mr Chebukati be barred from acting as the returning officer for the presidential election.
