[Lawyer Apollo Mboya. He wants the IEBC to bar Ruto and Uhuru from participating in the repeat elections slated for Thursday.] (Photo/Nation)
Apollo Mboya has written to the Independent Electoral and Boundaries Commission, asking them to disqualify President Kenyatta and his Deputy from Thursday’s elections.
In a letter to the IEBC Chair Wafula Chebukati, Uhuru and Ruto committed an election offence by launching the Kenya Government Delivery Portal.
His argument is based on Justice Enock Chacha Mwita’s ruling, where he said advertising the government’s achievements is unlawful and in breach of the Election Offences Act.
Mr Mboya further quotes that Sections 14 (6) and 24 (3) of the Act, which provide for someone convicted of publicising achievements of the government to get votes to pay a maximum Sh6 million fine or be jailed for a maximum six years or to suffer both penalties.
“This therefore means that as at August 8, the President and his Deputy had committed Election Offences inviting the sanctions contained in the provisions of sections 14(6) and 24(3) of the Election Offences Act. The same remains true for the fresh elections scheduled for October 26 or any other election that the President and Deputy President present their candidature. There is no immunity under the Act,” he says in his letter as quoted by the Nation.