CJ Maraga certifies Aukot eligibility case urgent

Chief Justice David Maraga has certified as urgent case filed by Thirdway Alliance party leader Ekuru Aukot seeking clarity on which candidates are to participate in the fresh presidential election.

The Thirdway Alliance party leader has been directed to serve the application together with his written submissions on or before September 11 while the respondents are expected to file and serve their written submissions on or before Friday, September 15, 2017.

“Having certified of urgency dated 6th September 2017 together with the Notice of Motion of even date and further having read and considered the supporting Affidavits sworn on 6th September 2017 by Ekuru Aukot it is hereby ordered as follows that the Notice of Motion under consideration is hereby certified as urgent,”directed Maraga

The application will be mentioned before the Registrar on September 18, 2017 at 9:00 am for compliance.

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

In his petition, Aukot claims 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 that 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 wants to be heard before the process of printing ballot papers commences as he will be affected by the process.