Raila leaves it to court to decide Chebukati's fate

**ODM leader Raila Odinga speaks during a past meeitng at Orange House, Nairobi.** [Wilberforce Okwiri, Standard]

The Orange Democratic Movement (ODM) leader Raila Odinga has decided to stay away from a case filed by activist Khelef Khalifa seeking to bar IEBC chair Wafula Chebukati from holding office for failing to open servers.

Raila’s lawyers Jackson Awele, Winnie Makaba and Ochieng Oginga told High Court judge Hedwig Ong’undi that their client does not wish to take sides but instead will abide with the court's decision.

“We shall abide with the court’s direction,” said Awele.

On the other hand, Wiper Party leader Kalonzo Musyoka, who was Raila’s running mate in 2017 backed Chebukati by asking the court to dismiss the case.

Kalonzo, in his submissions argues that the case filed by Khalifa ought to have been filed before the Supreme Court, which issued the orders.

The former Prime Minister and former Vice President are listed as interested parties in the case. “We submit that this court does not have jurisdiction to entertain the application herein,” argued Kalonzo.

According to him, the High Court has no powers to hear the case. At the same time, he argued that in the event the High Court finds that it has powers to hear the case, it should be aware that Khalifa did not attach a valid order from the Supreme Court.

Khalifa’s lawyer Willis Otieno argued that Chebukati knowingly disobeyed Supreme Court order to open the servers.

Consequently, Khalifa wants the IEBC chair punished to avert a repeat of the same in the August elections.

"He acted in breach of the order. They failed to allow access to the first and second interested parties to the servers. This action was deliberate. To date, they have not allowed the people of Kenya access to the servers. This is not only contempt of the orders of this court. As we approach the election, the court should send a warning that any contempt of its orders will not go unpunished,” said Otieno.

As the country prepares for the 2022 polls, the case seeks to revisit Supreme Court orders requiring IEBC to open the servers.

On August 28, 2017, the Supreme Court ordered IEBC to open servers used in streaming presidential election results and allow two independent IT experts who had been appointed by the court to compile a report on the authenticity of President Uhuru Kenyatta’s victory.

The servers were, however, not opened. The Supreme Court, by a majority, ordered a repeat presidential poll.

However, Khalifa has opted to revisit the 2017 election, which pitted Uhuru and his deputy William Ruto against Raila and Kalonzo.

In the case before the High Court, Khalifa has named Raila and Kalonzo as interested parties. They have the option of supporting the activist or being on Chebukati's side.