[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
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