Lawyers for President Uhuru Kenyatta have criticised the petitioners challenging his re-election, saying that because they had not voted, they should not be allowed to attack the outcome of a process they were not involved in.
Senior Counsel Ahmednassir Abdullahi characterised the petition as part of a bid by the petitioners, who are members of civil society groups under the banner of Kura Yangu, Sauti Yangu, for foreign financing.
“This petition has nothing to do with public interest litigation. It is a powerful and innovative proposal for donor funding,” said Mr Abdullahi.
He also argued that the petitioners do not constitute a “person” in the sense outlined in the Constitution and their refusal to participate in the polls meant they should not have challenged the outcome.
“You must litigate over a grievance that has arisen over your rights under Article 38 (political rights). You must have a cause of action under Article 38 (2) (right to free, fair and regular elections). Then, you must be aggrieved as to how your rights were aggrieved by IEBC,” he added.