Starehe Member of Parliament Charles Njagua Kanyi alias Jaguar has moved to court seeking to compel IEBC Chairman Wafula Chebukati to announce yesterday’s presidential election results based on the votes cast, counted, tabulated and verified yesterday.
In a petition filed under a certificate of urgency, the MP seeks a declaration that Article 138 (2) cannot be extended to circumstances where the violence and non-conducive atmosphere is actually being created by the same electorates who are expected to be voting.
He is also seeking a declaration that the seven days envisaged under article 138 (2 ) as applied to the elections held on the 26th October, 2017 is from the said 26th day of October, 2017 and not any other date.
Jaguar further wants an Order of Mandamus compelling the Respondents (Chebukati and IEBC) to declare within seven days of the 26th day of October, 2017, the results of the election and deliver a written notification of the result to the Chief Justice and the incumbent president.
The law maker claims that IEBC organized and conducted elections as ordered by the Supreme Court and it was apparent that a few sections of the country intentionally prevented IEBC officers from proceeding with the said exercise.
He says that the prevention led the commission to cancel the said elections in four counties which are Migori, Homabay, Kisumu and Siaya Counties with the said elections being scheduled for the 28th October, 2017.
The MP argues that this will lead to a confusion on the issue of when the seven days upon which a declaration of the result ought to be made and indeed there is a real possibility of the same intentional situation reoccurring on the 28th day of October, 2017 and thus land the entire country into crisis.
“By insisting on conducting of the presidential elections in constituencies where the voters there have openly indicated that they shall not participate in the voting and instead thwart the same, the respondents threaten to violate my rights and the rights of other voters,” says the MP.
Jaguar believes that the decision of the commission is based on a misinterpretation of the law and should not affect the declaration of the results of the presidential election.
Justice John Mativo directed the parties to appear before him on Monday 30th to know whether he has the jurisdiction to hear the matter.
