Just a day after NASA presidential candidate Raila Odinga withdrew from participating in the October 26 fresh election, activist Okiya Omtata has filed a case seeking orders to stop IEBC from announcing Kenyatta as the President-elect.
The activist argues that if a repeat election is not held at the expiry of the 60 days, a caretaker government ought to take over for purposes of ensuring that elections are held within next 60 days.
Omtatah wants a declaration ordering President Uhuru Kenyatta to hand over power to a caretaker government and cease being the person holding the Office of the President pursuant to Article 134.
He also wants an order compelling President Kenyatta to vacate the Office of the President.
He further claims that since the elections under Article 140(3) of the Constitution will not be held on 26th of this month, Kenya will not have an elected president and the IEBC cannot declare president Uhuru Kenyatta as having been elected unopposed.
“Failure to conduct the repeat presidential election on 26th October 2017 will inevitably requite the formation of a caretaker government to be in charge of the country for the 60 days period provided under Article 138 (9) of the Constitution within which the IEBC is required to hold fresh elections,” claims Omtatah.
Omtatah also seeks that the caretaker government to be presided over by the Chief Justice, David Maraga, and be formed on November 2 to draw up a framework and midwife transition.
In the application, he also wants the IEBC personnel under investigations by law enforcement to step aside to facilitate credible investigations.