In a c***************t application filed at the Supreme Court by Uzalendo Institute of Leadership and Democracy, Kioni is accused of misleading the public on the outcome of the August 9th 2022 poll and inciting supporters of the Azimio la Umoja – One Kenya coalition with claims that Ruto was not validly elected as Kenya’s fifth President.
Through Lawyer Denis Sang, the lobby group claimed that Kioni had acted contrary to the law on a number of occasions including claims that Raila won the presidential poll.
The lobby group wants Kioni found g****y of contempt and sentenced on the grounds that he has recently been engaging in public gatherings and misrepresenting facts and figures as to who between Ruto and Raila validly won the 2022 presidential election, a matter that had been settled by the Supreme Court on September 5, 2022.
In an affidavit filed in court by the lobby group’s CEO Daniel Kamau, the organisation claims that despite the court orders of September 5, 2022, declaring the winner of the poll, Kioni has been showing charts in publicized rallies, whose effect is to mislead members of the public as to who won the 2022 presidential elections.
“The contemnor’s (Kioni’s) utterances and declarations have resulted in publicised public political rallies which threaten the peace of the Republic as well as the economic activities of ordinary citizens,” Kamau states in court papers.
He says that the court must act swiftly, arguing that continued contemptuous activities of Kioni if not sanctioned by the court, are likely to create unruliness and anarchy in the country.
“Unless the court intervenes, the contemnors will continue to bring the dignity of this court into disrepute by reason of disobedience of court’s orders to the detriment of the citizens of the Republic of Kenya,” the lobby group CEO adds.
The lobby group stated that Kioni had abrogated his responsibility to ensure that his followers were fed with correct and accurate information.
“The court ought not to condone deliberate disobedience of its orders and should deal firmly with the contemnor here(Kioni),” the lobby group states in court papers.
The CEO says that it is the plain and unqualified obligation of every person against, or in respect of whom, an order is made by a court of competent jurisdiction, to obey it unless and until the order is discharged.
Lawyer Sang has asked the Supreme Court to stamp its authority and send a warning to anyone making declarations contrary to the Apex court ruling.
“The court does not, and ought not to be seen to make orders in vain; otherwise the court would be exposed to ridicule, and no agency of the constitutional order would then be left in place to serve as guarantee for legality, and for the rights of all p****e,” Kamau argues.
The non-government organisation now wants the Supreme court to issue orders that Kioni be arrested and committed to jail for deliberately defying the orders of the court issued in the judgment of the court in the presidential election petition in September last year.
“The court be pleased to order that Jeremiah Ngayu Kioni be arrested and committed to civil jail for a period the court may determine and be ordered to personally pay the sum of monies the court may determine as a penalty for deliberately defying and v*******g the clear, concise and unequivocal orders of this court given on September 5, 2022,” the lobby group seeks.
Further, the petitioner wants the court to summon Kioni to explain why he should not be committed to civil jail or fined for failure to obey court orders.
The case will be mentioned on March 17, 2023, for further directions.
