Lobby files suit against Raila, Kalonzo over violence during repeat election

Former Machakos senator Johnstone Muthama (Left) and Kimilili MP Chris Wamalwa at Airtel shop with NASA flag bearer Raila Odinga (Center) display new Airtel number after registering it as part of resistance movement from Safaricom on 6 November 2017 at Airtel shop along Koinange street.[Edward Kiplimo,Standard].

The Supreme Court was on Monday asked to punish NASA leaders for alleged electoral offences.

In a petition filed by the Institute for Democratic Governance, the court was urged to hold that the opposition leaders intimidated voters and electoral commission officials and planned violence before the October 26 presidential election.

The case is against the National Super Alliance (NASA) presidential candidate, Raila Odinga, his running mate, Kalonzo Musyoka, as well as co-principals Musalia Mudavadi and Moses Wetang'ula and Siaya Senator James Orengo.

Opposition boycott

According to the institute, which filed the case through lawyer Kioko Kilukumi, the violence in some parts of the country perceived as opposition strongholds was as a result of the call to boycott the elections.

Court papers read that a large number of those who would have wanted to vote stayed away as a result of intimidation and fear caused by NASA leaders and followers.

"The people of Kenya were entitled to participate in a presidential election free from threats, fear, intimidation, violence, and interference from their right to vote," the petition reads.

The judges of the highest court in the land are also being asked to condemn the opposition leaders to pay all those who lost their property during the chaos that rocked Kawangware, Mathare, Kisumu, and Migori.

The former prime minister and deputy president now find themselves in the same spot as President Uhuru Kenyatta and his deputy, William Ruto, who they accused of being guilty of committing election offences during the August election.

Their defence

Raila and Kalonzo will have to prove to the court that they did not call for violence during their rallies.

The President had a hard time explaining to the court that he did not intimidate public service workers to campaign for him and that he did not use State resources to campaign.

The Opposition, in the case which led to nullification of the August 8 election, told the court that Uhuru vowed to sack chiefs in Makueni and that he even induced voters to vote for him.

They questioned why the ruling coalition was paying 2007-2008 election violence victims their dues as the 2017 election approached.