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Kenyan Election Challenged By Filing Two Legal Petitions

Kenyan Supreme Court judges arrive for a hearing of a petition challenging the election result filed by the National Super Alliance (NASA) coalition and Human Rights groups at the Supreme Court in Nairobi, Kenya

Kenya’s Supreme Court is in its last day of hearing arguments on two petitions contesting results of the presidential election. Incumbent President Uhuru Kenyatta was declared winner by a landslide after challenger Raila Odinga urged his supporters to boycott the poll, which was a re-run of the August election the court declared invalid.

The National Super Alliance’s legal team has chosen to serve President-elect Uhuru Kenyatta, the Independent Electoral and Boundaries Commission and its chairman Wafula Chebukati through an advertisement in a newspaper. Raila Odinga is contesting Kenyatta’s win in the August 8 general election, claiming that he “stole” the election.

Kenyan President Uhuru Kenyatta won the election with 98 percent. However, only 38.8 percent of registered voters turned out to vote, on a day marked by violent protests and chaos at polling stations in opposition strongholds. A first petition was filed by former lawmaker and businessman John Harun Mwau, calling for the court to again annul a presidential election in the country.

The two argued that the IEBC and its chairman Wafula Chebukati had “so mismanaged the fresh election that what was conducted on 26 October 2017 cannot by any standards be deemed to have been an election … conducted in ‘strict conformity with the Constitution and the applicable law’”.

The petition cites a series of events including the resignation of an IEBC commissioner just days before the vote who fled to the United States in fear for her life claiming the vote could not be credible. The Supreme Court is expected to rule Monday on whether Kenyatta’s win will stand or be annulled again.

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