In Summary
  • President Kenyatta says the case is an abuse of court process.

  • Mr Omtatah has failed to adduce evidence to support his claims, he says.

  • President Kenyatta holds that the validity of his election cannot be questioned by Mr Omtatah because he moved to court even before it was held.

President Uhuru Kenyatta has responded to a petition by activist Okiya Omtatah seeking formation of interim government as Kenya prepares for fresh presidential election.

Other responses have been filed Attorney-General Githu Muigai and the Independent Electoral and Boundaries Commission (IEBC).

EVIDENCE

The three respondents argue that Supreme Court lacks jurisdiction on the petition and want it dismissed.

In his petition, the activist argues that the withdrawal of National Super Alliance (Nasa) candidate Raila Odinga and his running mate Kalonzo Musyoka from the October 26 repeat presidential election rendered the poll void.

He believes that the poll was invalid because no fresh nominations were conducted by IEBC and wants the apex court to order the commission to organise a fresh poll in 90 days.

But in papers filed on Wednesday, President Kenyatta says the case is an abuse of court process.

Mr Omtatah has failed to adduce evidence to support his claims, the Jubilee Party leader says.

PULL-OUT

President Kenyatta holds that the validity of his election cannot be questioned by Mr Omtatah because he moved to court even before it was held.

He further argues that the validity of an election can only be determined after the results have been declared by the IEBC.

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