Nairobi, KENYA: Independent Electoral and Boundaries Commission IEBC has been ordered by the High court to include Third Way Alliance candidate Ekuru Aukot in the October 26 repeat election.
This is after Aukot filed a case demanding to be included in the repeat election as a presidential candidate that IEBC refused, arguing that only the petitioner was legitimate for the repeat elections.
On his ruling at the High court on Wednesday in Nairobi,Justice John Mativo said that Aukot was party to the petition challenging President Uhuru Kenyatta’s election as an interested party and therefore IEBC should now include his name in the gazette notice it had issued on presidential candidates to contest in the rerun.
The judge said he sees no reason why the petitioner should not be included in the election as the election is not a run off but a fresh election, saying the former refers to competition between two leading candidates.
“Excluding Mr Aukot from the repeat election is a violation of his rights,” said Justice Mativo
Addressing journalists after the ruling, Aukot applauded the move by the court, saying it was wrong for the electoral body to leave him out.
He further said that there were still concerns on some issues on the repeat election that IEBC needs to address before conducting the fresh election.
Third way Alliance leader also 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.