Raila Yet to File Petition in Court

Senators-elect, Mutula Kilonzo (Makueni) and James Orengo (Siaya) who form the Cord team of lawyers, during a media briefing at a Nairobi hotel on Monday. PHOTO BY SAMUEL

BY PAUL MUHOHO
TUESDAY, 12 MARCH, 2013

The Cord Alliance on Monday failed to file the anticipated petition against the presidential election, saying it was still awaiting crucial documents from the Independent Electoral and Boundaries Commission (IEBC) to build its case.

The alliance, whose presidetial candidate Raila Odinga lost to Uhuru Kenyatta’s Jubilee Coalition, accused the national electoral agency of withholding the information despite written requests by Orange Democratic Movement (ODM) Secretary General, Kisumu Senator-elect Anyang’ Nyong’o.

On Sunday, Cord had unveiled a team of ten seasoned lawyers as it made plans fo file the petition at the Supreme Court yesterday. This followed Raila’s statement on Saturday in which he said he would be seeking court redress, claiming the electoral process had many flaws.

On Monday, Wiper Democratic Movement’s Secretary General, and Makueni Senator-elect Mutula Kilonzo said: “The Cord Alliance is law-abiding and respects the law. We will file our presidential election petition when we are ready. This is an enormous undertaking that has national and international ramifications,”.

“We have written letters to the IEBC demanding the documents but they are not forthcoming and without any explanation. The information is very fundamental to our case and we have until next Monday to lodge the petition,” Mutula, flanked by Nyong’o and Lands minister James Orengo, told a press conference at Nairobi Serena Hotel. “This will be a precedent-setting election petition. We will prepare it thoroughly. We have a right, under Article 35 of the constitution, to inspect all electoral documents,” the Education minister said.

Mutula said they still had ample time in accordance with the law to file the petition and are currently preparing evidence to prove their case before moving to the Supreme Court. Orengo said speculation and anxiety were unwarranted because the 10-member legal team assigned to prepare the pleadings was working overtime to fine-tune the petition. “We do not want to appear to be frivolous and vexatious.

IEBC has not allowed us access to inspect the ballot papers, registers and statutory forms,” he said. Meanwhile, Chief Justice Willy Mutunga yesterday assured Kenyans the six-member Supreme Court is ready to handle any petition within the 14-day stipulated time-frame in accordance with the law.

“We at the Supreme Court are prepared to hear any petition that may be filed impartially, fairly, justly, without fear, ill-will, favour, prejudice or bias,” Justice Mutunga, who doubles as the president of the highest court in the land, declared.

“I want to assure Kenyans that the six Judges of the Supreme Court – the seventh, Deputy CJ Kalpana Rawal is yet to be sworn in – will hear any petition or petitions filed within the time-lines decreed by the constitution,” Justice Mutunga explained when the Chairman of the IEBC, Isaak Hassan, presented him with the certificate of the presidential results announced on