In a case filed in court, Kuto claims at the close of presentation of nomination papers, he was the only contestant so he was declared winner unopposed for the presidential post.
Through lawyer Shadrack Wambui, Kuto says the KMJA Executive Director Daniel Sapu deemed him to have been re-elected to the position of President for a further two years as he was the only validly nominated candidate at the close of the deadline for the surrender of nomination papers set on the 19th September 2023.
However, on September 26 Justice Stephen Radido complained that his name was missing from the nomination forms in the email sent to him on the August 23 2023.
Consequently, he says this necessitated the unconstitutional reopening up of the nomination period for two weeks between October 2 2023 to October 16 2023 to accommodate him unconstitutionally and illegally nullifying his re-election.
Kuto says that despite his protests, the National Council proceeded to unconstitutionally direct the reopening of the nomination for a period of two weeks.
Kuto wants the court to stop KMJA elections including preparations or printing ballots for the position of President.
He wants the court to determine whether having been so re-elected as the President, the National Council acted fairly and/or within the rules to unilaterally and without the participation of members to nullify his election.
He has asked the court to expedite the case because the elections are coming up on December 16 there is therefore the need to expedite the hearing and determination of the case.
Kuto claims that Radido’s matter appeal
was resolved by the National Council through the raising of hands as opposed to a vote by secret ballot which is a clear indication that the council has shown no regard to the governing law.