President Uhuru Kenyatta has termed a suit challenging his reelection on October 26as an abuse of court process.
Uhuru, while responding to the case filed by Activist Okiya Omtatah, said the petitioner had failed to produce evidence to support his claims.
Omtatah claimed the election was not held in accordance with the Constitution and the law.
Uhuru said the validity the October 26 repeat presidential election was not justiciable because Omtatah moved to court on October 27 when a President-elect had not been declared.
He said the validity of an election can only be determined after the results have been declared by the IEBC.
Omtatah’s petition relied on NASA leader Raila Odinga’s and his running mate Kalonzo Musyoka’s withdrawal of their candidature from the repeat election.
He argued that the poll was invalid because no fresh nominations were held by IEBC.
Through his lawyer Fred Ngatia, Uhuru said the activist does not provide proof of the withdrawal.
“It is common knowledge that the name of Raila Odinga was on the ballot as a candidate in the fresh election. The only inference that can be drawn from this is that IEBC did not receive any valid notice of withdrawal from NASA,” Jubilee party director of legal affairs Marykaren Kigen says in their affidavit.
Kigen says Raila did not withdraw from the Fresh Election in the manner recognized by law and any alleged withdrawal was therefore of no legal effect.
“The proper interpretation of the Constitution is that elections are to be cancelled only where a candidate dies or no one has been nominated,” she said.
Ngatia said the petition is based on a misinterpretation of the Constitution and orders of the Supreme Court.
“The petitioner cannot claim a legitimate expectation on behalf of NASA. In any event, there was no legitimate expectation on the part of the party that his “withdrawal” would lead to fresh nominations,” Ngatia said.
The Petition is a misuse of the vehicle of public interest litigation and an abuse of court process, he said.
Article 140 (1) of the Constitution makes it clear when a petition challenging a Presidential election may be filed within seven days after the date of the declaration of the results of the Presidential election.
He also faulted Omtatah for relying on a press statement by former commissioner Dr. Roselyne Akombe which he says is hearsay.