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LSK to contest Kibaki’s
re-election
Published on January 3, 2008, 12:00 am
By Maseme Machuka, Lucianne Limo and Abiya Ochola
The Law Society of Kenya (LSK) will move to court to challenge
President Kibaki’s re-election.
LSK Chairman, Mr Okong’o O’Mogeni, said this was in accordance
with the LSK Act that gives the lawyers’ organisation the mandate
to help the public on legal issues.
"LSK has concluded that the electoral process was flawed and Kenya
is extremely polarised," said O’Mogeni on the telephone.
He said only the High Court could address the irregularities that
had come to the public realm and nullify the elections.
"On Monday, we shall hold an LSK council meeting to expedite the
petition. We call upon the Electoral Commission of Kenya to
gazette the results so that we can have a legal basis for the
petition," he added.
The lawyers’ organisation called on Kenyans to give the courts an
opportunity to save the country from degenerating into chaos.
O’Mogeni further called on the High Court to deal with petition
the LSK would file impartially and make a judgement without
fearing the powers of the incumbent President.
"The High Court must not bend to any influence from Government for
it is the only available reasonable avenue of resolving the
dispute without breaking the law," added O’Mogeni.
He went on: "History will judge the court harshly should it fail
to expedite and amicably handle the petition."
Meanwhile, lawyers and the civil society have demanded for the
immediate resignation of Kivuitu.
They said Kivuitu’s shocking admission that he announced results
of the presidential election under pressure has dealt a big blow
to the credibility of the commission. "His admission clearly
indicates that the commission is not and has never been
independent. He should resign with all commissioners so that
Kenyans can appoint a new team," Mr Harun Ndubi, the chairman of
Kituo Cha Sheria said on telephone.
He added that an independent institution should immediately be set
up to verify the tallies to establish who was properly elected
president.
"Kivuitu needs to know that his arrogance and conceding to
pressure has caused the bloodshed in the country and he should
apologise to Kenyans in addition to resigning," he added.
Kivuitu to blame
Mars Group Director, Mr Mwalimu Mati, said Kivuitu should be
blamed for the violence that has rocked the country since he
announced the election results.
"People were looking up to him to stand up against any pressure
and perform his duty. He failed his duty and the blood of Kenyans
to a certain extent rests on his conscience," he said.
He regretted that it was too late for Kivuitu to tell Kenyans that
he read results that he did not believe in.
"It’s too late to seek remedy from Kivuitu. He was given the
opportunity to verify the results, but rushed to announce them and
to issue Kibaki with a certificate at State House," he said.
Mati, however, said the panacea to the problems facing the country
rests with political leadership exercising judgement and talking
to each other in the spirit of reconciliation.
On the ongoing violence in many parts of the country, O’Mogeni
appealed for calm and asked Kenyans to give the LSK’s attempts to
use the constitutional remedy to the stalemate a chance.
"I want to urge Kenyans to remain calm as we attempt the only
remaining constitutional option," he said.
Reacting to ECK Chairman, Mr Samuel Kivuitu’s comments that he
announced the presidential results under pressure, LSK said it was
deeply concerned at what it termed gross mismanagement of the
electoral process.
"We also put the blame squarely on Kibaki, who had ignored calls
to appoint independent commissioners to the ECK," he said.
He said the crisis at hand could have been averted had Kibaki
adhered to the 1997 Inter-Parties Parliamentary Group deal.
On mass action called by ODM candidate, Mr Raila Odinga, starting
today across the country the LSK chairman said this should be done
within the confines of the law.
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