A one Samuel Waweru Gikuru has demanded an immediate arrest and detention of Nasa flag bearer Raila Odinga and his running mate Kalonzo Musyoka.
In a letter to the Director of Public Prosecution, Mr Gikuru has argued that the duo be apprehended for contempt of the Supreme Court orders that the repeat presidential elections be held within 60 days from the date of the riling which annulled the presidential elections.
“It is just about time the law was applied across the board and if a person is clearly in breach of the penal law, penal consequences ought to follow without fear or favour or regard to social, class, or economic affiliation,” Mr Gikuru said in the letter.
Mr Gikuru, through his lawyer Mr Harrison Kinyanjui argued in the letter to the DPP Mr Keriako Tobiko that the two Nasa principals are acting contrary to the law and orders of the Supreme Court. The duo has been on record several times saying that there will be “no repeat presidential election.”
Nasa presidential candidate Mr Odinga and his running mate Kalonzo Musyoka have made several demands to the Independent Electoral and Boundaries Commission (IEBC), ahead of the repeat presidential poll on October 26.
The two leaders have publicly stated that there will be no election, if the demands are not met. And according to Mr Gikuru, the utterances violate the constitution and the Election Offences Act.
“The utterances are clearly intended and calculated at intimidating and create a hindrance to the IEBC officials,” Mr Gikuru said.
Mr Gikuru said the impression created in the minds of reasonable law abiding Kenyans would be that the two leaders are above the law and that they are not on equal footing as other Kenyans.
“Consequently, our client rhetorically asks; from whence would these two individuals and their cohorts draw their bases to breach, transgress or purport to unilaterally extend, vary or reverse the pronouncement of the Supreme Court?” he posed.
The lawsuit filed by Mr Gikuru comes in the wake of heated debate on the elections reforms which, according to Raila Odinga led camp, will thwart efforts to have their demands addressed by the IEBC.
On Wednesday, Raila Odinga’s team held a meeting with Jubilee in the presence of IEBC chairman Mr Wafula Chebukati, which ended without a clear roadmap. The meetings resume Thursday.