Appeal filed to contest inclusion of Aukot in fresh poll

An appeal has been filed at the court of appeal challenging the inclusion of Third way Alliance presidential candidate Ekuru Aukot in the fresh presidential election.

In his appeal, Abraham Kiplangat Mutai claims that High court judge John Mativo erred in law and in holding that Dr. Ekuro Aukot’s exclusion from the fresh presidential election was discriminatory and unconstitutional.

“The applicant has appealed against the decision of the High Court directing the inclusion of the Ekuro Aukot in the presidential election for 26th October which election is deemed to have been cancelled following the withdrawal from the race by NASA leader Raila Odinga,”reads court documents.

Mutai now wants the court of appeal to set aside and dismiss the entire judgment.

Through lawyer Nelson Havi, the petitioner says that the High Court decision amounts to a contravention of section 14(1) (b) of the Election act ,no.24 of 2011.

He claims that the high court erred in law when it ruled that the Supreme Court interpretation of the meaning of fresh election was not binding upon him and that he erred in law by directing IEBC to gazette Aukot as a candidate in the fresh election, outside time.

The appeal has been filed just three days, after high court ordered Independent Electoral and Boundaries Commission (IEBC) to include Thirdway Alliance Party leader Ekuru Aukot in the ballot for the October 26 repeat presidential election.