President Uhuru Kenyatta has sued National Super Alliance (NASA) presidential candidate, Raila Odinga, for his no election call on October 26.
Jubilee Party filed the contempt of court case against Raila and his running mate Kalonzo Musyoka for their repeated call to boycott the repeat presidential poll.
Jubilee Party Secretary General Raphael Tuju argues that Raila, by withdrawing from the race, is in contempt of court.
“The petitioners (Raila Odinga and other Kalonzo Musyoka) have engaged in conduct that can only be termed as illegal, unlawful and disrespectful, all geared towards ensuring that the orders of this Honourable Court as contained in its determination of 01 September 2017 not implemented,” reads a section of Tuju’s affidavit.
Addressing the media on Thursday (19/10/17), Tuju also reiterated the Independent Electoral and Boundaries Commission (IEBC) has a constitutional mandate to ensure that the fresh poll takes place as planned.
“While the President is at liberty to meet any Kenyan and of course the Chairman of the IEBC at his pleasure, the Jubilee Party’s position is that the IEBC has the distinct responsibility thrust upon it by the constitution to organise and oversee elections including the one scheduled for October 26 without reference to anyone,” said Tuju.
The Secretary General pointed out that the IEBC Chairman, Wafula Chebukati, is a referee and not a mediator.
“The constitution envisages the role of the IEBC Chair to be the referee of the presidential election not the mediator of political contests,” stated Tuju.
Tuju was dismissing calls by various political leaders who have called for dialogue between President Uhuru and the former Prime Minister to solve the poll stalemate.
He stressed that neither the President nor Raila can define the rules of the game other than the Supreme Court.
“It is the duty of the Supreme Court to address it, given its original and appellate jurisdiction to interpret the constitution as well as any other law relating to elections or otherwise,” he pointed out.