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NAIROBI. — Chief Justice David Maraga has certified a case seeking to stop tomorrow’s presidential poll as urgent. The CJ also directed the petitioners — Mr Khalef Khalifa, Mr Samuel Mohochi and Mr Gacheke Gachuhi — to file their submissions by 6pm yesterday. He also asked the respondents — Independent Electoral and Boundaries Commission (IEBC) and presidential candidates — to file their responses and submissions by this morning.

The CJ said the case will be heard on Wednesday despite being a public holiday. The three moved to court arguing that the prevailing environment in the country cannot guarantee a credible poll. Further, the petitioners, through their lawyers John Khaminwa and Harun Ndubi, argue that IEBC commissioners are divided and the commission, cannot guarantee a fair and credible poll.

They claim in the petition that there is a real danger of disenfranchising more than six million voters of a leading candidate, who has withdrawn from the race. To them, Odinga having pulled out of the repeat State House race, the election stands cancelled. They argue that the gazette notice announcing the new poll date stands vacated after Odinga withdrew. National Super Alliance (Nasa) candidate Raila Odinga and his running mate Kalonzo Musyoka pulled out of the election after their demands for reforms at IEBC before the poll were ignored. The petitioners also claim that IEBC is not prepared for the repeat poll because of constant intimidation and threats directed at its staff. They also claim there is continued political interference, intimidation, threats and pressure from politicians and protesters, towards IEBC and its employees.

“That there is evidence that establishes real threat that the scheduled fresh election shall not comply with the order of the Supreme Court,” reads part of the application. There is a risk, they argue, that the poll might not be held in a significant number of counties — thereby plunging Kenyans and their lives into jeopardy. Meanwhile, opposition supporters were back in the streets to push for electoral reforms even after Odinga called for postponement of repeat presidential poll. In Nairobi, protesters were dispersed by anti-riot police as they marched along Kenyatta Avenue. — Daily Nation. Police lobed tear gas canisters at the demonstrators, who dispersed. Nasa leaders later addressed journalists at a hotel in Kilimani where they condemned the European Union and other diplomats, who assured them that they would not be harassed by police. — Daily Nation.