[312] We note further that upon considering the contents of the above letter, and contrary to submissions by the 1st and 2nd respondents, the above letter did not apply to the holder of the office of the presidency in which category the 3rd respondent falls. Furthermore, we note that Section 14(3) of the Election Offences Act which provides for the Commission’s enforcement powers, does not apply to persons holding the office of the President. For clarity Section 14(3) provides: “For the purposes of this section, the Commission shall, in writing require any candidate, who is a Member of Parliament, a county governor, a deputy governor or a member of a county assembly, to state the facilities attached to the candidate or any equipment normally in the custody of the candidate by virtue of that office.” [313] Having that in mind and fortified by our observation that the interpretation of Section 14 of the Election Offences Act is a live matter at the High Court, we are unable to address our minds into any allegation that touches on this Section. That is the end of that matter. [314] We further note, in paragraph 34 of his said affidavit, Raila also claimed that while campaigning in Makueni County on 2nd August 2017, President Uhuru Kenyatta threatened Chiefs in the area with dire consequences if he won for failure to campaign for him. That such an action also goes against Article 81(e)(ii) of the Constitution which outlaws intimidation in the electioneering process. In proof of this assertion, the petitioners have attached transcripts of video evidence in the supplementary affidavit sworn by Ms. Ogla Karani, detailing the allegedly Presidential  Petition  No.  1  of  2017                                                                                                                                                                                                            133  |  P a g e    

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