Opposition Leader Raila Odinga has moved back to the Supreme Court in a new petition challenging IEBC's decision to limit the upcoming Presidential election to only two candidates.
Mr Odinga, who joined the application filed by Third Way Alliance Leader Ekuru Aukot as an interested party, noted that it was unfair for the other candidates to be locked out of the repeat Presidential election.
In his argument, the Opposition Leader noted that locking out the other candidates amounted to discrimination.
President Uhuru Kenyatta, Prof Michael Wainaina, Attorney-General Githu Muigai and the Law Society of Kenya (LSK) have also been enlisted as other interested parties.
President Kenyatta on his part challenged the decision to have other candidates included in the repeat poll arguing that the Supreme Court already decided in 2013 that such a repeat election should be a two-horse race.
The Head of State noted that the issue of the other candidates was never raised in the case and thus the 2013 decision that a fresh election should be between two contestants in the case should be upheld.
IEBC Chair Wafula Chebukati also opposed the inclusion of other candidates in the contest arguing that since none of them contested the August election, they cannot be included in the repeat poll.
"I verily believe the applicant is not eligible, having not filed a petition of his own or being included by the petitioners as a third petitioner.
"The electoral commission, guided by the position expounded by this court, acted in good faith and was mindful of the Constitution at all times," Chebukati stated.
Dr Aukot filed a petition seeking a clarification on whether he can contest the fresh election.
The Thirdway Alliance Leader argued that he has a direct, legitimate and inalienable constitutional right to participate in the fresh poll and the failure to include him in the ballot was a violation of his rights and those of his supporters.
The Supreme Court has already constituted a three-judge bench with the case set to be heard on Thursday, 21st September 2017.
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