Pokot south MP David Pkosing has filed a petition seeking seeking to stop NASA leader Raila Odinga and his running mate Kalonzo Musyoka from threatening, attempting or calling off the fresh presidential election slated for 26th of October.
The petition filed under a certificate of urgency at Milimani Law courts, Pkosing argues that the candidates nominated to contest in the fresh presidential election are bound by the order of the Supreme Court made on 1st September, 2017 to participate in the said election.
The legislature claims that Respondent and their supporters have threatened and publicly announced and declared that fresh presidential elections will not be held on 26th October, 2017 as scheduled unless their political demands which they call irreducible minimum reforms are not met.
“A declaration be issued to declare that any decision, action or omission by the 6th and 7th Respondents by themselves and their supporters to boycott, subvert, impede, cause or otherwise ensure that the fresh presidential election scheduled to be held on 26th October, 2017 is not conducted is unlawful by dint of Articles 3, 38 and 140 (3) of the Constitution read with IEBC’s Gazette Notice No. 8751 dated 5th September, 2017 and treasonous within the meaning of Section 40 of the Penal Code Cap 63 Laws of Kenya,“ claims Pkosing.
The MP also wants the court to quash the gazette notice allowing Raila and Kalonzo to participate in the fresh election if they violate the order of the supreme court.
He argues that the claims by the two that there will be no elections amounts to illegality and treason within the meaning of Articles 3, 38 and 138 (2) of the Constitution and section 40 of the Penal Code.
Further the Petitioner avers that if the fresh presidential elections aborts by whatever means the Republic of Kenya as likely to plunge into a constitutional crisis.
He wants the case to be heard within ten days and determined by 19th October.