LSK's Mutua says Supreme Court presidential petition closed

 

Law Society of Kenya chairman Eric Mutua has raised an objection to the Supreme Court's jurisdiction to hear any matter relating to the presidential poll petition August 1, 2013. FILE   NATION MEDIA GROUP

By PAUL JUMA
Posted  Thursday, August 1   2013 at  09:50

 

The Law Society of Kenya chairman Eric Mutua has raised an objection to the Supreme Court's jurisdiction to hear any matter relating to the presidential poll petition.

Through his lawyer Tom Ojienda, Mr Mutua said the matter was now closed and the court could not expend itself on any issue arising from the petition.

Chief Justice Willy Mutunga, who is the president of the Supreme Court, directed interested parties to file submissions in seven days.

He said a ruling on Mr Mutua's objection would be made later. Dr Mutunga, however, clarified that Mr Mutua was not facing contempt of court proceedings.

The LSK boss appeared before the court after it summoned him last week.

Mr Mutua was summoned over comments he made during the March presidential election petition hearings in which Cord leader Raila Odinga challenged the declaration of Uhuru Kenyatta as President.

Dr Mutunga said the LSK chairman’s comments contravened the court’s order against commenting on the then on going petition.

The Chief Justice said that the comments, which were also reported in news media, had touched on issues that were alive before the court. He directed Mr Mutua to appear before the Supreme Court on a date to be notified to him.

On Wednesday, Mr Mutua said that he would obey the summons.

“I respect and hold the Judiciary in very high esteem. I shall appear before The Supreme Court as directed tomorrow (Thursday) from 8:30am,” he said.

The Supreme Court issued the summons last Monday through a letter signed by Deputy Registrar of the Supreme Court Lucy Njora.

Mr Odinga and civil society groups under the banner of African Centre for Open Governance (Africog) challenged President Kenyatta’s victory claiming the Independent Electoral and Boundaries Commission (IEBC) did not conduct a fair, transparent and credible election.