Raila writes to Chief Justice Mutunga over pending ODM election petition

CORD leader Raila Odinga has written to Chief Justice Willy Mutunga expressing concern over delay in the determination of an election petition pending in court.

The former PM has taken issue with the time the Judiciary has taken to start hearing the Nyaribari Chache election petition.

In the letter, Raila told Dr Mutunga that the Orange Democratic Movement was greatly concerned about the delay, as the Constitution provides time limits within which election petitions should be determined.

"The party is concerned that the delay in hearing the matter defeats the purposes of the Constitution that requires that election petitions be heard within a certain time frame," said the Opposition leader in the letter dated July 17 and which was received at the Supreme Court on the same day.

Raila also observed that it was worrying that the next elections are just two years, yet the case is still pending in court. "I appeal to the CJ to kindly but urgently intervene and have the application heard and determined," said Raila in the letter.

The case was filed by Chris Bichage in the Supreme Court in April 2014 seeking declaration that the High Court acted beyond its powers while nullifying his 2013 victory.

He won the election in 2013, but the win was cancelled by the High Court citing elections irregularities.

The Court of Appeal upheld the decision, forcing him to move to the Supreme Court.

"This ironically is the only pending election petition and it would be unfortunate for it to be heard and determined close to 2017," he said.