Azimio La Umoja One Kenya coalition has asked the Supreme Court to strike out a petition filed by former Gatundu South Member of Parliament Moses Kuria in regards to the August 9th presidential election.
The Raila Odinga-led coalition argues that the Supreme court lacks jurisdiction to hear the petition by Moses Kuria.
“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 the election petition filed by Raila Odinga challenging the declaration of William Ruto as president-elect.
In his petition, Kuria argues that Odinga and his party caused violence and should not be entertained by the court, or granted the orders they are seeking.
However, according to Azimio, Kuria’s petition does not challenge the validity of a Presidential Election and should be struck out.
“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 submits that the instant Petition filed by Kuria is not a time bound litigation to be heard and determined within 14 days under Article 140 of the Constitution.