NASA has until Friday midnight to file petition

Written By: Written and Edited by Claire Wanja
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The petition must be filed within seven days after the declaration of the presidential election results
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The Supreme Court registry Friday opened from 7am and will close midnight to give ample time for the filing of presidential election petition by National Super Alliance (NASA).

A notice issued by the Registrar of the Supreme Court, Ms Esther Nyaiyaki, said similar accommodation will be given to President Uhuru Kenyatta’s team, to respond to the petition or petitions.

According to the Presidential Election Petition rules, the petitioner is required to serve the respondent within two days of filing; the respondent, on the other hand, must file the response within four days of being served.

The hearing will take place immediately after the pre-trial conference.

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Read also: NASA to challenge Presidential results at Supreme Court

The Constitution requires that the Supreme Court, makes the determination within 14 days of the filing of the petition, in this case on or before September 1st.

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On Wednesday, NASA leaders announced their intention to challenge in court the outcome of the presidential election.

Raila Odinga who lost the polls to President Uhuru Kenyatta said that the coalition will challenge what he termed as computer generated results that saw him defeated for the second time by President Kenyatta.

NASA says by moving to court it will seek to demonstrate to the world how the servers of the electoral body IEBC were hacked and results manipulated in favor of the Jubilee side.

NASA says the presidential results were manipulated

The official results gave President Kenyatta 54% of the votes cast, and Mr Odinga 44%.

President Kenyatta garnered 8,203,290 votes against Odinga’s 6,762,224 and met the 25% requirement in 35 counties compared to Odinga’s 29.

Mr Odinga, who had previously refused a court appeal against the outcome, said the opposition had collected concrete evidence of massive irregularities that were allegedly used to rig the vote.

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He also repeated his call for peaceful protests, saying Kenyans had the constitutional rights to demonstrate strike and carry out acts of civil disobedience.

“By going to court we aren’t legitimising misplaced calls from some observers for us to concede but are seeking to give to those who braved the long lines in the morning chill and hot afternoon… a chance to be heard.”

While rubbishing off the persuasions and declarations by the foreign observers that the elections were credible, Odinga has called on the African democratic leaders to stand with Kenya in this trying democratic moment.

“We emphasize that the struggle here is not just about this moment and this election but about Africa and the future of Kenya.We call upon all African Democrats to show solidarity with Kenya” he stated.

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In 2013, Mr Odinga challenged the presidential results in the Supreme Court and lost.

Now, he said, the court had an opportunity to demonstrate its independence.

Read also: Kisumu clergy laud NASA court move

Meanwhile, NASA petition will be heard for 14 days by a seven judge bench led by Chief Justice David Maraga.

Pundits say the Supreme Court has three options in this presidential petition among them ordering for a recount of the votes, ordering for afresh presidential election or throwing out the petition by NASA.

This they argue will be based on the evidence presented in court by the petitioners.

NASA is expected to ensure the petition filed is complete to avoid what befell the 2013 CORD presidential petition where an 800 page affidavit was dismissed on a technicality for being time barred.

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