Uzaolend Institute of Leadership and Democracy has filed a petition seeking interpretation of some of the terms in the Supreme Court decision that nullified the August 8th presidential elections.
In a certificate of urgency filed Milimani Law Courts, the lobby group want the term ‘fresh election’ as provided for in article 140, the term ‘presidential elections’ and ‘general elections’ as applied under section 13 of the elections act.
They further seek interpretation of article 138 (8) of the constitution vis a vis the pronouncement of the supreme court of the article in the supreme court petition no. 5 of 2013.
The petitioner is further seeking clarification on the priority of law between the obiter dictum of the above Supreme Court petition and the provisions of the regulations.
The lobby group wants the court to declare that paragraph 290 & 291 of the above petition were obiter dictum and therefore non-binding to the IEBC.
They also want a declaration that regulation 52 & 53 of the elections regulations supersedes paragraphs 290 & 291 of the Supreme Court judgment of 2013.
The petitioner says that the withdrawal of opposition leader Raila Odinga from the 26th October repeat presidential elections creates a quagmire in the country as to the fate of the fresh elections.
The group avers that Raila and NASA demanded for fresh nomination under section 13 of the elections act pursuant to 2013 Supreme Court decisions.
The petitioner wants the petition determined urgently before Oct 26 so as to provide clarity to the nation.
