High Court Judge Isaac Lenaola has certified as urgent a
petition by the Coalition for Reforms and Democracy (Cord) that seeks to
compel the electoral commission and Safaricom to give it information
for its presidential election petition.Justice Lenaola directed Cord's lawyer Jotham Arua
to serve the petition to Safaricom and the Independent Electoral and
Boundaries Commission (IEBC) before hearing on Wednesday at 8:45am.A statement released in the morning by the Raila
Odinga secretariat had explained that the evidence being sought "will be
integral ingredients in the CORD Petition challenging the purported
declaration by IEBC of Uhuru Kenyatta as the President elect, which will
be filed later this week."A Petition will this (Tuesday) morning at 11 am
be filed at the High Court sitting at Milimani, Nairobi seeking orders
compelling the IEBC and Safaricom Limited to furnish us with relevant
documentation related to the recent Presidential Elections," the
statement said.Independent Electoral and Boundaries Commission
(IEBC) chairman Issack Hassan on Saturday declared Jubilee coalition
candidate Uhuru Kenyatta the winner of the presidential election.Cord’s Raila Odinga, who was second, rejected the results and said he would challenge them in court.The Constitution allows anyone dissatisfied with
the results of a presidential election to challenge them in court within
seven days after the announcement of election result.It also gives the Supreme Court 14 days to hear
and determine such a case. The decision reached would be final. If the
court rules that the election was invalid, a fresh one must be held
within 60 days.Cord leaders Mutula Kilonzo, James Orengo and
Anyang’ Nyong’o on Monday accused IEBC of failing to provide them with
crucial documents they need to challenge the results of the presidential
election.
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