Sunday, November 12, 2017

Here Is Musalia Mudavadi Affidavit Filed In The Supreme Court, Uhuru IEBC In Trouble

REPUBLIC OF KENYA
IN THE SUPREME COURT OF KENYA AT NAIROBI
ELECTION PETITION NO. 4 OF 2017
BETWEEN
NJONJO MUE……………..…………………………………………1ST PETITIONER
KHELEF KHALIFA…………………………..……………………..2ND PETITIONER
AND
THE CHAIRPERSON OF INDEPENDENT
ELECTORAL AND BOUNDARIES COMMISSION…….……1ST RESPONDENT
INDEPENDENT ELECTORAL AND
BOUNDARIES COMMISSION………………………………….2ND RESPONDENT
H. E. UHURU MUIGAI KENYATTA……..….…………….…..3RD RESPONDENT
NATIONAL SUPER ALLIANCE COALITION (NASA) ……..4TH RESPONDENT
THE 4TH RESPONDENT’S REPLYING AFFIDAVIT TO THE PETITION DATED
6TH NOVEMBER, 2017
I, HON. MUSALIA MUDAVADI of Post Office Box Number 10311-00100 Nairobi
do make oath and state as follows:
1. THAT I am a Kenyan Citizen, voter and adult of sound mind, residing and
working for gain in the Republic of Kenya and was at all material times the
party leader of the Amani National Congress (ANC), a member of the National
Super Alliance (NASA) coalition and the Head of the presidential Campaign
of the 4th Respondent herein. I am therefore competent to swear this Affidavit
on behalf of NASA and I am well versed with the facts and circumstances

2. THAT I have read and had the same explained to me by the 4th Respondent’s
Counsel on record the contents of the Petition herein together with the
Affidavits sworn in support thereof and the annexures therewith and I do
wish to respond as hereunder:
3. THAT save as otherwise expressly stated herein, the contents of this affidavit
are based on my personal knowledge acquired in my abovementioned
capacity and are true. To extent that any matter in this affidavit is based on
information and/or belief, I have disclosed the source and/or ground (as the
case may be) of the same, and verily believe the same to be true.
4. THAT the 4th Respondent supports the Petition save for the generalized and
specific averments levelled against it, which the 4th Respondent denies in
toto.
5. THAT the 4th Respondent nominated Hon. Raila Amollo Odinga (a nominee
of Orange Democratic Movement) and Hon. Steven Kalonzo Musyoka (a
nominee of Wiper Democratic Movement) as it’s presidential and deputy
presidential candidate respectively to contest for the presidential election
seat in the general elections held on 8th August, 2017.
6. THAT on 11th August, 2017; the 1st Respondent herein declared the 3rd
Respondent as the winner and the president elect.
7. THAT the 4th Respondent through it’s presidential candidate successfully
challenged the presidential elections conducted on 8th August, 2017 in
SUPREME COURT PRESIDENTIAL ELECTION PETITION NO.1 OF 2017:
RAILA ODINGA & ANOTHER –VERSUS- INDEPENDENT ELECTORAL AND
BOUNDARIES COMMISSION & OTHERS.
8. THAT On 1st September, 2017 this Honourable court rendered it’s
judgement invalidating the presidential elections conducted on 8th August,
2017; for reasons, among others that the elections were not conducted in
accordance with the Constitution and the relevant electoral laws and that
the 2nd Respondent had committed electoral illegalities. This court ordered
fresh presidential elections to be conducted within 60 days from the date of
its decision.

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