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Attention shifts to Supreme Court for repeat poll petition hearing, ruling

Chief Justice David Maraga.

Supreme Court judges will convene today for a pre-trial conference ahead of the hearing of petitions challenging President Uhuru Kenyatta’s reelection.

The apex court starts its sittings at 11am to first determine procedural matters such as the lead counsels for each of the cases filed and the hearing time allocated to the parties.

The court has six days to hear and determine the three cases contesting Uhuru’s election in the October 26 fresh poll, with the last day of the judgment being November 20.

In the petition against the initial August 8 election, the judges nullified Uhuru’s win, but published their detailed judgement 21 days later.

By Monday evening all the parties had filed their responses and submissions, alongside issues for determination.

Former MP Harun Mwau was the first to file a petition challenging Uhuru’s win on grounds that the electoral agency did not hold nominations for the fresh poll as provided in the law.

In their petitions also seeking nullification of Uhuru’s win, Njonjo Mue and Khelef Khalifa also argue that the outcome is void because IEBC failed to subject the candidates to fresh nominations after the August 8 poll was invalidated.

The Independent Electoral and Boundaries Commission (IEBC), in its response, has however framed four issues to be determined by the court.

Among the issues are that the commission conducted the fresh presidential election within the strict confines of the constitution and the electoral laws and that President Uhuru Kenyatta was duly elected as the president.

The commission further wants the court to declare that there is no requirement for nomination in a fresh presidential election where the nomination of the candidates was not an issue in a previously invalidated presidential election.

IEBC will also be seeking costs of the suit.

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