Kenyan Lawyers Demand Kibaki Steps Down

Chief Justice, Evan Gicheru, is accused by the Law Society of Kenya of taking part in an illegal swearing-in ceremony, which they say lacked the full credibility of the law because it was based on a faulty tallying process.

President Kibaki was sworn in as a result of a faulty tallying exercise, contrary to Section 7 of the Constitution. The Attorney General has confirmed this finding. President Kibaki should, therefore, step down and fresh presidential elections held.”

LSK chairman Okong’o O’Mogeni said that a re-run of the presidential elections was the only way to solve the constitutional and legal crisis facing the country. “The crisis we face is there is a very large section of Kenyans who feel they have been robbed of the right to choose their leader, the right to self-determination. Let us go to the root cause of this problem and this can only be done through the re-run,” O’Mogeni said.

“We reject the belated suggestion for vote re-tallying,” the LSK chief said. “The integrity of the documents cannot be guaranteed,” he said.

“In view of the reports by the Law Society of Kenya Observers, ECK admission that the results were being tampered with, he could not tell who really won the elections, the AG’s own call for a recount of ballots, independent observers, the European Union and the International Community at large that the Presidential vote tallying was flawed and tampered with, the aw Society of Kenya strongly demands that Honourable Mwai Kibaki steps down and that fresh presidential elections be held,” said O’Mogeni.

“To allow a heavily compromised and falsified election result to stand is to spell the death of electoral practice and democracy in Kenya forever,” Mr Omogeni added.

Mr Omogeni said: “Hon Kibaki lacks legitimacy to govern and this is the cause of the problems that we are facing in this country.

The LSK also asked for Kivuite and the ECK to be held criminally liable for abandoning their consitutional mandate. “The LSK Council has resolved and recalled the honour bestowed upon Samuel Kivuitu in 2006 and demand the immediate return of the award,” said an LSK council member, James Aggrey Mwamu.

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