Activist Okiya Omtatah has moved to court to stop the electoral agency from declaring President Uhuru Kenyatta president-elect after Mr Raila Odinga withdrew from the October 26 repeat election.
In an application at the High Court, Mr Omtatah wants the court to issue temporary orders restraining Independent Electoral and Boundaries Commission (IEBC) from making the announcement National Super Alliance (Nasa) candidate pulled out of race.
According to Mr Omtatah, while withdrawing from the race Mr Odinga and his running mate jointly declared that they will not participate at the fresh elections because the IEBC has failed to undertake basic reforms to ensure credible elections.
He said the failure to hold the election will inevitably require the formation of a caretaker government, to be in charge of the country for the 60 days period provided under Article 138(9) of the Constitution, within which the IEBC is required to hold fresh elections.
He said at the same time, the law as regards the consequences of the Nasa withdrawal is not clear and the court should clarify the matter.
“In the circumstances, it is incumbent upon this honourable court to make declaratory orders which will clear the air and put an end to any doubt as to what the law is going forward,” reads part of his affidavit.
Mr Omtatah said IEBC has not been able to overhaul and recreate itself so as to build the confidence of the opposition in the commission as an honest broker in the scheduled elections.
Nasa leader says will not take part in the October 26 election.