The Azimio La Umoja One Kenya coalition has asked the Supreme Court to dismiss a petition filed by former Gatundu South Member of Parliament Moses Kuria about the presidential election on August 9th.
The Raila Odinga-led coalition claims that the Supreme Court lacks authority to hear Moses Kuria’s case.
“Jurisdiction of the Supreme court in a Presidential Election is confined to determination of the dispute on the validity of a Presidential Election,”reads court papers.
On Monday, Moses Kuria filed a petition seeking the dismissal of Raila Odinga’s election petition disputing William Ruto’s declaration as president-elect.
Kuria claims in his plea that Odinga and his party incited violence and therefore not be heard by the court or granted the orders they seek.
However, Kuria’s appeal, according to Azimio, does not challenge the legitimacy of a Presidential Election and should be dismissed.
“The petitioner’s reliefs/prayers do not seek to invalidate the outcome of a Presidential Election. Thus, the Supreme Court cannot determine the Petition and grant the nature of reliefs sought by the Petitioner,” adds Azimio.
Azimio contends that the current Petition filed by Kuria is not a time-bound litigation required by Article 140 of the Constitution to be heard and decided within 14 days.
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