President Uhuru Kenyatta on Friday filed a new affidavit in the Supreme Court seeking to bar presidential candidate Ekuru Aukot from participating in the upcoming elections set for October 17.
In response to a case filed by Mr Aukot, Mr Kenyatta, through his lawyers Ogetto, Otachi and company, noted that repeat poll is between the petitioners who challenged the election and the President-elect arguing that Mr Aukot had already conceded defeat.
"I am aware that the Applicant herein, Dr Ekuro Aukot through a press statement issued on 10th August 2017 conceded defeat of the elections held on 8th August 2017. He cannot, therefore, state that he wants to participate in the election of 17th October 2017," he noted.
"In the case, the Petitioners were only two; Raila Amolo Odinga and Stephen Kalonzo Musyoka. In line with the decision of this Court stated in paragraph 6 above, these are the only two persons together with the 3rd Respondent who are eligible to participate in the election to be held on 17th October 2017," he added.
According to the affidavit, he argues that the Supreme Court did not deal with the issues raised by Aukot urging the judges not to determine a matter that was not brought before them.
He further stated that the Court was being asked to deliberate on a matter that had already been covered by the judges in the 2013 presidential petition.
Moments before the declaration of Kenyatta as the President-elect by Independent Electoral and Boundaries Commission (IEBC), Dr Aukot held a press conference where he conceded defeat.
Nonetheless, after the ruling in favour of National Super Alliance (NASA) leader Raila Odinga nullifying President Kenyatta's re-election, Mr Aukot noted that he would be on the ballot arguing that the repeat polls would not be the preserve of the two top leaders.
