BY NT CORRESPONDENT.
Activist Okiya Omtatta has filed a case in court seeking orders to stop IEBC from proceeding to announce President Uhuru Muigai Kenyatta as the president elect.
This comes ust a day after NASA presidential candidate Raila Odinga withdrew from participating in the 26th October fresh election,
He argues that if repeat election are 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 the 60 days.
Among the order that Omtata is seeking is a declaration that President Uhuru Kenyatta hands over power to a caretaker government and ceases being the person holding the office of the president pursuant to Article 134.
He also wants an order compelling the president Uhuru Kenyatta to vacate 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
He wants the caretaker government to be presided over by the chief justice and be formed on 2nd November to draw up a framework and midwife transition.
In the application he wants the IEBC personnel under investigations by law enforcement to step aside to facilitate credible investigations.