Chief Justice David Maraga. [kenyafreepress.com]
The Supreme Court of Kenya has thrown out a case seeking to invalidate President Uhuru Kenyatta’s win in the October 26 repeat presidential poll.
Filed, by Nairobi ‘pauper’ residents George Bush and John Chengo, the petition has been rejected by SCOK registrar Daniel Ole Keiwua.
The two, former Moi University student leaders wanted the court to admit their case without paying the Shs1.5 million fee that is legally mandatory.
They claimed they live in extreme poverty. In their brief, they say that they live in 'a run down and mud-thatched house without windows in the disgraced slums of Huruma estate' in Nairobi.
George Bush said on Monday he lives off a single meal a day against the three meals norm.
Order 33, rule 16(1) of the civil procedure act states 'If any defendant alleges that he is unable to pay court fees the registrar, upon application being made for that purpose, shall inquire into the question of his poverty and if he is satisfied on oath that the allegation of poverty is true, shall record the result of his investigation and a statement of proportion of the fees (if any) which the defendant is able to pay…'
The self-proclaimed paupers sought to have the CJ David Maraga led the court to annul the repeat presidential polls because; “the withdrawal of Raila Odinga and absence of elections in 25 constituencies affected the outcome.”
"As we wait on the directive of the registrar of the court, we hope that our petition will solve the injustices that the government has caused Kenyans. What happened on October 26 was not an election but hypocrisy that wasted taxpayers' money," Chengo was quoted by The Standard.
Former Kilome MP Haron Mwau and chairman of the International Commission of Jurists, Njonjo Mue are also challenging the repeat presidential polls.