High Court Orders Ekuru Aukot To Participate in Repeat Poll
The High Court has ordered Independent Electoral Boundaries Commission (IEBC) to include Thirdway Alliance presidential candidate Ekuru Aukot in the ballot for the October 26 repeat presidential election. See Also:Possible Scenarios After Raila Withdraws From Presidential Race
Justice John Mativo directed the Independent Electoral and Boundaries Commission to amend a gazette notice it had issued on presidential candidates to contest in the repeat election to include Mr Aukot’s name.
In his judgment, the judge ruled that Mr Aukot was party to the petition challenging President Uhuru Kenyatta’s election, as an interested party.Related Story:Raila Withdraws From Repeat Presidential Election
The judge said he sees no reason why the petitioner should not be included in the election.
He said the election is not a run off but a fresh election, saying the former refers to competition between two leading candidates.Also See:NASA Protestor Shot,Three Injured in Anti-IEBC Demos in Nairobi
The judge ruled that excluding Mr Aukot from the repeat election is a violation of his rights.
The judge rejected an application by the IEBC to suspend the ruling.
Dr Aukot’s lawyer objected to the request saying it would further prejudice his client’s candidature.
Addressing journalists after the ruling, the Thirdway Alliance presidential candidate lauded the court decision, saying it was wrong for the electoral agency to leave him out. Also Read:Blow to NASA as High Court Clears Chiloba,Chebukati To Conduct Fresh Election
He said there were still concerns on some issues on the repeat election that the IEBC needs to address before conducting the fresh election.
He said the party will hold a National Executive Committee meeting following the decision.
In his case, Dr Aukot had said he has a direct, legitimate and inalienable constitutional right to participate in the fresh presidential election, having been a contender in the last polls.
He said the gazette notice, which was published by IEBC announcing the fresh election date and the candidates, was discriminatory and unconstitutional.Also Read:Uhuru, Raila Clash Over Chaos Claims and Repeat Polls
Aukot however did not make it clear whether he will participate in the rerun.
DR.Aukot had filed a case seeking to be included in the repeat presidential race after the Independent Electoral Boundaries Commission ruled that the repeat poll,scheduled on October 26,would only be a contest between president Uhuru Kenyatta and National Super Alliance (NASA) leader Raila Odinga.
On Tuesday 10th,The National Super Alliance presidential candidate Raila Odinga withdrew from the repeat presidential election saying it is only through his withdrawal from the showdown that the country will have a credible,free and fair election as per the law.There Will Be No Election Until IEBC Meets Our Demands-NASA
On its part,the Jubilee administration’s proposed amendment to the election laws demonstrates that it has no intention of competition on a level playing ground. The only election Jubilee administration is interested in is one that is a must win,even unwalfully”,said Raila.Anti-IEBC Protests Turn Tragic Leaving One Dead In Siaya