Supreme Court, LSK caution against public comments on presidential petition

Raila Odinga filed petition at the Supreme Court challenging Uhuru Kenyatta’s presidential election win

Raila has previously said that going to court was not an option but later made a u-turn. He filed the petition on August 18.

The case will be heard before a seven-judge bench

The Supreme Court has cautioned members of the public and parties to the presidential election petition against publicly discussing the matter in order to ensure impartial determination.

The court said this is aimed at sustaining independence of the court and for the cause of justice.


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“The petitioners, respondents and any other party to the petition including their agents, advisors or supporters, in adherence to the sub judice are directed to refrain from prosecuting the merits of their case(s) in any forum other than this court,” directed the Supreme Court.

“The public should avoid making statements that are intended or which could be perceived as intended to direct the court on conduct of the petition.”

The Law Society of Kenya (LSK) too told parties to the petition to that all issues concerning the petition and expectations should directly be directed to the court and through their respective counsel.

“It is important for all to remember that with the matter now before Kenya’s apex court this dispute becomes sub judice and this consideration must temper public discussions going forward,” said LSK President Isaac Okero.

The presidential election petition will be heard by a 7-judge bench comprising Chief Justice David Maraga, Deputy CJ Philomena Mwilu, Justices Mohammed Ibrahim, Jackton Ojwang, Smokin Wanjala, Njoki Ndung’u and Isaac Lenaola.

The directions come amid a storm sparked by National Super Alliance (NASA) strategist David Ndii on Tuesday night where he called for mass action if the Opposition loses the case.

Raila Odinga’s coalition NASA filed, at the Supreme Court, the petition that challenges President Uhuru Kenyatta’s win, saying that the results transmission was marred by massive irregularities.


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