Moses Kuria Wants Supreme Court To Dismiss Raila's Petition Over The Bomas Chaos

Moses Kuria, a former Gatundu member of parliament and the leader of the Chama cha Kazi party, has filed a petition with the Supreme Court to oppose Raila Odinga, the head of the Azimio La Umoja One Kenya alliance.

On Monday, Odinga personally filed a petition to contest the results of the presidential election held on August 9 because he believed that the rule of law had not been upheld in the process, which resulted in him losing to William Ruto, his major rival.

In his lawsuit, Kuria, a supporter of Ruto, accuses Odinga of inciting violence at the Independent Electoral and Boundaries Commission (IEBC) national tallying center in the Bomas of Kenya in Nairobi by using his party’s top agent, Saitabao Ole Kanchory, and others.

This, he says, happened on Monday, August 15, when IEBC Chairperson Wafula Chebukati was set to announce the presidential election results.

While naming Odinga and the Azimio coalition party as the first and second respondents respectively, Kuria accuses their agents of physically assaulting Mr. Chebukati.

“… Shortly after entry of the Commission’s Chairman two other commissioners and the Chief Executive Officers, one Satiabao Ole Kanchori and Narok County Senator Elect, Honourable Ledama Ole Kina who was also an accredited agent of the 1st and 2nd 10 Respondents gained access to the podium whereby he threatened and physically assaulted the Chairman and the commissioners in full glare of cameras,” Kuria submits.

“The aforesaid persons kept shouting and barring the Presidential Returning Officer from performing his duty; that is, to declare the results.”

Kuria further claims Kanchori and Ledama were “armed and ready to unleash violence”, and that Odinga and his team breached national security to people present at the hall and also Kenyans at large.

“The said actions posed a threat to the lives of foreign diplomats, international and local observers, clergy men and women, the three presidential candidates and their families at the time in Bomas, elected leaders, IEBC officials among many Kenyans who had been accredited,” he argues.

“[Kanchori] went to the podium where IEBC Officials were seated and caused a scene shouting “this place is a crime scene” announcement that subsequently led to interference with the verification area prompting deployment of anti-riot police to safeguard the election materials and prevent further disruption,” the court papers further read.
Since his team committed election offenses, the legislator claims that Odinga is responsible for them and “cannot be deemed to be a beneficiary of any relief sought or granted by this Honourable Court from the Petition challenging the election of the President elect in the 2022 Presidential elections.”

Kuria is now asking the Supreme Court to order the Director of Criminal Investigations (DCI) and the Director of Public Prosecutions (DPP) to investigate Odinga and the agents of his party in order to determine whether to file criminal charges for the commission of electoral offenses.

He also requests that his petition’s expenses be covered by Odinga’s team.