January 22, 1998: Democratic Party Chairman Mwai Kibaki files a petition seeking the nullification of the election of Mr. Daniel arap Moi as President of Kenya. He cites 75 grounds and wants a scrutiny of the votes cast in the presidential elections and the rejected, void and spoilt ballot papers. Mr. Kibaki also seeks a recount of all the ballot papers cast in the election and a declaration that President Moi was not validly elected. He wants the court to determine and declare that President Moi was not qualified to be nominated for election. President Moi is the first respondent and Samuel Mutua Kivuitu, the chairman of the Electoral Commission the second. The Electoral Commission is named third respondent. Mr. Kibaki says in the petition that President Moi was prematurely elected and the presidential election was not conducted in accordance with the provisions of the Constitution and all other applicable laws, including the Electoral Offences Act. Here, are the lawyers representing Mr. Kibaki in the petition from right is Pheroze, Nowrojee, Wanyiri Kihoro, George Nyamweya and Andrew Wandabwa.

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