Raila files petition against Uhuru’s win, cites glaring errors in presidential tally

The National Super Alliance (NASA) on Friday set the battleground at the Supreme Court in a petition that seeks to annul President Uhuru Kenyatta’s re-election.

IEBC declared Uhuru the winner on August 11 with a 54 per cent against Raila’s 44 per cent, hence avoiding a runoff.

But Raila, in the presidential petition, accuses the electoral agency of manipulating votes in favour of Uhuru and denying him win.

The papers, delivered by a battery of lawyers, were received at the court at around 10.30pm by registrar Esther Nyaiyaki.

It cost the opposition Sh1.7 million to file the suit. Court officials assessed the voluminous documents ahead of the midnight deadline.

The petition has been drawn by Murumba and Awele Advocates.

The NASA principals Raila, Kalonzo, Musalia Mudavadi, Isaac Rutto and Moses Wetang’ula were present at the time of the filing.

Scores of NASA supporters camped outside the Supreme Court building in wait for the filing of the petition.

The placard waving supporters waited patiently late into the night as NASA lawyers hurried to beat the Friday midnight deadline.

The Supreme Court Registry remained open even past working hours to accommodate the petition.

“Uhuru must go! Uhuru must go!” they chanted.

Raila also challenged Uhuru’s election in 2013 but the case was dismissed by a bench chaired by former CJ Willy Mutunga.

Although he accepted the outcome, Raila said he did not agree with the judges decision.

Scores of anti-riot police were deployed outside the building to keep watch on Friday.

Read: Wapi Baba? Bold man asks cops at Supreme Court ahead of NASA petition

Raila unveiled his petition plan during a press conference on Wednesday, after going back on his word that he would not got to court.

He has two days to serve respondents with the suit papers.

The respondents include President-elect Uhuru Kenyatta, Deputy President-elect William Ruto, the Independent Electoral and Boundaries Commission (IEBC).

Chairman Wafula Chebukati will have four days to file responses and attempt to dismantle the allegations lodged by the opposition.

Parties will converge in court on the seventh day for an interlocutory application where they are expected to frame contested and uncontested issues in the petition .

Other parties wishing to join the case will apply to be enjoined.

On the eighth day, parties will have a pre-trial conference where together with the court, they will agree on how the hearing will proceed.

The Supreme Court decision must be delivered on September 1.

It will be heard by Chief Justice David Maraga, judges Mohamed Ibrahim, Prof Jackton Ojwang’, Dr Smokin Wanjala and Lady Justice Njoki Ndung’u.

Apart from Maraga, the other judges arbitrated the 2013 petition and will now be joined by deputy Chief Justice Philomena Mwilu, and Justice Isaac Lenaola.

Also read: [STATEMENT] IEBC recalled poll officials to sign ‘blank’ forms 34A and 34B – Raila

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