Aukot moves to court over fresh poll exclusion

Thirdway Alliance party leader Ekuru Aukot has filed a case at the Supreme Court seeking clarity on which candidates are to participate in the fresh presidential election.

Aukot wants the court to interpret the Supreme Court judgment delivered on September 1 invalidating President Uhuru Kenyatta’s win.

Among the things he wants the court to clarify is the meaning and effect of declaring the presidential elections of August 8th 2017 as invalid, null and void and the meaning and effect of fresh elections as ordered by the court.

In his petition, Aukot claimed he has a direct and legitimate and inalienable constitutional right to participate in the presidential election as ordered by the court having been a presidential candidate in the August 8 poll.

“I believe that my political right and that of my constituents as enshrined in the Constitution are threatened, violated and infringed by the decision of IEBC and Chairman Wafula Chebukati to exclude me in the fresh election without lawful justification,” argued Aukot.

Similarly, Aukot said the electoral agency can only limit the number of candidates to a presidential election only in the circumstances contemplated in Article 138 (5) (6) in the Constitution, which is not the case now.

“In light of the mandatory time constraints set by the courts judgement, this application ought to be disposed of expeditiously to avoid a delay in the inclusion of my name in the ballot,” he said.

Aukot said he wants to be heard before the process of printing ballot papers commences as he will be affected by the process.

The election will be on October 17.