Former Gatundu South MP Moses Kuria’s Supreme Court petition against Azimio La Umoja’s Raila Odinga has been dismissed.
Kuria and former Mbeere South MP Geoffrey King’ang’i had asked the court to dismiss Raila’s petition on the grounds that he had engaged in electoral malpractice.
Kuria’s petition was not within the court’s jurisdiction because it neither sought to challenge William Ruto’s declaration as president-elect nor named Ruto as a party to the petition.
“Indeed, Hon. William Ruto, is not even named as a party to the petition and the remedies sought are alien to those contemplated in the Constitution and in law, whether the election of the President- elect is valid,” the ruling reads in part.
“In view of the foregoing, the petitioners are therefore entitled to a refund of Kshs. 1,000,000/- deposited as security for costs paid upon lodging of the petition,”
On Monday, the Raila Odinga-led coalition argued that the Supreme Court lacked the jurisdiction to hear the petition by 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.