Moses Kuria, a former Gatundu South Member of Parliament, solicited the Supreme Court on Monday, August 22nd, against Azimio leader Raila Odinga.
Kuria claims in his solicitation that Odinga used his principal agent Saitabao Ole Kanchory and others to incite violence at the Bomas of Kenya Tallying Centre and physically assault IEBC president Wafula Chebukati.
“ Shortly after entry of the Commission’s Chairman two other officers and the Chief agent gained access to the tribune whereby he hovered and physically assaulted the Chairman and the officers in full light of cameras, ” states the oral politician.
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“ As a result of the said violence at the National Tallying center, the speaker of IEBC was averted from performing his accreditation in that he was unfit to advertise results from a number of constituencies, ” the solicitation reads in part.
According to the legislator, the conduct risked the lives of foreign diplomats, transnational and original spectators, clergymen and women, the three presidential campaigners and their families in Bomas at the time, tagged leaders, and IEBC officers, as well as numerous Kenyans who had been accredited.
likewise, the Chama Cha Kazi party leader claims that after Azimo politicians attacked Chebukati, Chebukati didn’t advertise the results of the remaining 38 polling stations that had been vindicated.
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“ The hindrance with the protestation of presidential election results and the attack on the Presidential Returning Officer made it delicate for the advertise the results of the 38 polling stations that had been vindicated, ” Kuria noted.
Kuria, whose party is combined with the Kenya Kwanza camp led by William Ruto, also corrected Odinga for remaining silent and for not distancing himself from the conduct of his Chief agent.
He now demands that Odinga be held responsible for election violations and malpractices committed by his properly appointed agents.
The legislator also wants the Supreme Court to dismiss Odinga’s case challenging the results of the presidential election, in which Ruto was tagged President- elect.
Kuria contends that Composition 2( 1) of the Kenyan Constitution states that all autonomous power belongs to the people of Kenya and must be exercised in agreement with the Constitution, and Odinga is bound by the constitution.
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“ This constitution is the supreme law of the Republic and binds all persons and all state organs at both situations of Government. As such the Constitution binds the Repliers herein, ”
He also believes that everyone has an obligation to admire, uphold, and defend the Constitution, and that any attempt to establish a government that isn’t in agreement with the Constitution is illegal.
Kuria now seeks a court order directing the Director of Criminal Investigation, in collaboration with the Director of Public Prosecution, to launch an disquisition into Odinga and his principal agent Kanchory’s conduct, with the thing of filing felonious charges against them.
Kuria stated in his supporting affidavit that he’s apprehensive that all campaigners were needed to subscribe the Electoral Code of Conduct with the commission previous to election day, committing to follow the rules and regulations governing the election process.
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