Businessman and politician Harun Mwau has sued the electoral agency for intending to conduct a fresh presidential election without nominations.
Through lawyer Benjamin Musyoki, the former Kilome MP sued the Independent Electoral and Boundaries Commission (IEBC) and its chairman Wafula Chebukati.
Mr Mwau faulted the IEBC for publishing a gazette notice on September 5 regarding the October 26 repeat presidential polls, which he said violates the law.
The said gazette notice is the one which indicated that only President Uhuru Kenyatta and Mr Raila Odinga will contest in the repeat presidential election. But this position has since changed, following a court ruling in favour of adding to the ballot.
Mr Mwau said the Supreme Court directed IEBC to hold and this means candidates should be nominated as per the Elections Act.
He alleged that while nullifying the August 8 presidential election, the top court directed the IEBC to hold fresh elections in conformity with the Constitution and Elections Act.
“It is clear that IEBC and Mr Chebukati are seeking to waive provisions of the Constitution and the law, which they have no power to do so. If the fresh presidential elections are allowed to proceed just as the sued parties intend, the Supreme Court, like night follows the day, will invalidate the same,” said Mr Musyoki.
Mr Mwau said he wants the High Court to determine whether fresh elections can be held without nominations.
He also wants a determination on whether fresh elections can legitimately be held based on a nomination that has been nullified.
Mr Mwau wants it declared that the Supreme Court, while nullifying the August 8 presidential poll results, meant that there must be a new election which has to comply with all election requirements.
He also wants the matter certified urgent and heard on a priority basis, including weekends and at night, as the repeat polls is set for October 26 – 10 days away.