[323] The petitioners further alleged that the 3rd respondent and the
Deputy President being contestants in the presidential elections are guilty
of corruptly influencing voters in the lead up to the 8th August, 2017 general
election by paying reparations to victims of 2007 post-election violence
(PEV) in various parts of the country and used the platforms to canvass for
votes for personal political gain in the said electoral areas contrary to the
Election Offences Act. In proof of this assertion, the petitioners rely on the
affidavit of Ms. Olga Karani who attaches a transcription of the 3rd
respondent’s speech during his tour of Kisii and Nyamira Counties during
the campaign period.
[324] In response, the 3rd respondent relies on the affidavit sworn by Dr.
Kibicho aforesaid who stated that there is a National Consultative
Coordination Committee (Committee) which is tasked with the obligation
to manage the Internally Displaced Persons (IDP) affairs on behalf of the
Government. That any such funds are approved by Parliament and released
by the Committee into the beneficiaries’ accounts and the 3rd respondent is
not involved in the matter at all.
[325] We have perused the attached video transcript, which is in the form
of an interview conducted by one of the local news reporting station. We
note that the transcript does not contain a satisfactory basis or convincing
evidence to the effect that the 3rd respondent acted in any inappropriate
manner with regard to the release of funds to IDPs.
[326] The 1st petitioner’s further complaint on illegalities is that President
Uhuru Kenyatta engaged Cabinet Secretaries who openly abused their
position and used State resources in actively soliciting votes for him.
Referring to Article 152(4)(a) of the Constitution, the petitioners submitted
Presidential
Petition
No.
1
of
2017
140
|
P a g e
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