Jubilee wants the Supreme Court to stop Raila from disrupting poll

President Uhuru Kenyatta campaigns at Mayuba stadium in Sirisia Bungoma county on October 19, 2017. BY BENJAMIN SAKWA

President Uhuru Kenyatta’s party has gone to the Supreme Court to stop Opposition leader Raila Odinga from stopping the repeat presidential election set for October 26.

The Jubilee Party Thursday said Raila and his running mate Kalonzo Musyoka should be cited for contempt over their declaration that there would be no election until radical electoral reforms were put in place.

Under a certificate of urgency, the ruling party wants the apex court to intervene since the Opposition is determined to disrupt next Thursday's poll.

The Supreme Court nullified the presidential election on September 1, giving the Independent Electoral and Boundaries Commission (IEBC) up to November 1 to hold a fresh one.

But Raila has vowed to stop the process citing lack of electoral reforms.

Through lawyer Tom Macharia, Jubilee says Raila and Kalonzo have since embarked on a nationwide scheme to sabotage the election through street protests.

Disrupt poll

“The same petitioners who sought this order have now embarked on a calculated scheme, including the use of violence and threats of unlawful sabotage of the elections, all in an effort to ensure that the fresh election set for October 26 does not take place,” reads the petition.

The party says the Opposition leaders' actions in calling for protests to disrupt the poll amount to contempt of court and seriously imperil the authority and integrity of the Supreme Court.

“Unless this honourable court urgently intervenes, there is a likelihood the petitioners will proceed to successfully execute their scheme to unlawfully interfere with the forthcoming fresh presidential election,” it adds.

Raila on Wednesday said the Opposition would stage a major demonstration on Thursday to stop the process from taking place.

Jubilee and the National Super Alliance (NASA) have engaged in a vicious confrontations that are threatening country as each side sticks to its guns.

In a supporting affidavit, Jubilee Secretary General Raphael Tuju says the protests and threats have shown that the Opposition leaders have no regard for the rule of law.

“That the petitioners cannot be allowed to deliberately create an environment whose ultimate aim is to ensure that the election is not conducted as directed by this honourable court, with the ultimate aim of creating anarchy and ascending to power in a manner other than through the fresh election ordered by this honourable court,” said Mr Tuju.

Addressing a press briefing at the party’s headquarters in Nairobi yesterday, he accused NASA of scuttling IEBC training through protests. He said the party’s training of agents had also been obstructed through threats by some Orange Democratic Movement party governors in Nyanza region.

Seek direction

Tuju said neither Uhuru nor Raila could vary the election date and asked IEBC Chairman Wafula Chebukati to seek direction from the Supreme Court if he felt unable to deliver a credible poll within the provided period.

Uhuru and his deputy William Ruto accused Raila of employing "undemocratic ways" to get the presidency.

Addressing Nandi County residents during the annual Koitalel Samoei Commemoration at Nandi Bears Club in Nandi Hills, Uhuru said Raila had held the country hostage with calls for demonstrations, which he said had taken a huge toll on life and the economy.

“Raila... has continuously used threats against Jubilee and other constitutional institutions with (the) aim to destabilise this country,” said Uhuru.

The President blamed Raila for the "current state of the country" citing demonstrations, deaths, loss of property and escalating tribal hatred.

Jubilee called on the International Criminal Court to 'take note'.

“Raila is solely responsible for the unhappy events we are witnessing in some sections of Kenya,” said Uhuru.

Ruto added: “We hope the ICC is noting the goings on in Kenya; the Jubilee leadership has read malice in the intentions of the NASA flag bearer.”

Uhuru insisted that a "silent majority of Kenyans" who he claimed numbered millions, had consciously chosen not to participate in demonstrations and lawlessness, and accused Raila of impeding their rights.

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