Sunday, August 28, 2022 –Government legal adviser Paul Kihara has stated his role in the Supreme Court case pitting Raila Odinga against President-elect William Ruto and IEBC.
Despite the fact that all past Attorney generals have been opposed to such presidential petitions, this time around, Kihara has said he will not fight the petition seeking to challenge William Ruto’s victory.
Instead, he promised to file an opposing affidavit against the case filed by former Gatundu Member of Parliament Moses Kuria seeking to punish Raila Odinga over the Bomas of Kenya chaos.
Kuria, through his petition wants the Apex Court to dismiss Raila’s case on grounds of what occurred at the Bomas when the Independent Electoral and Boundaries Commission IEBC was preparing to announce results.
But the Attorney argues that, according to the law, he(AG) has a right to choose which position to take in such matters.
“Take notice that the Hon. Attorney General, the 9th respondent herein, pursuant to Rule 11(2) of Supreme Court Presidential Election Rules, 2017 which requires a party to indicate whether they intend to oppose the petition, hereby signifies to the honourable court that he does not intend to oppose the petition,” Ogeto stated in the notice, in response to Okiya Omtatah’s case.
Kuria is also asking the Martha Koome-led court to not declare Mr. Odinga the winner of the Presidential contest held on Tuesday August 9.
Kihara’s predecessors including Githu Muigai were opposed to earlier petitions citing their position and role in government of the day.