Thirdway Alliance presidential candidate Ekuru Aukot now wants the Independent, Electoral and Boundaries Commission (IEBC) stopped from printing presidential ballot papers to be used in the October 26 election.
In his quest to have his name on the ballot, Mr Aukot on Friday filed a suit in the High Court seeking to suspend printing of the papers.
The aspirant filed the case through his lawyer Elias Mutuma after the Supreme Court declined to hear the matter on Thursday.
“IEBC and Mr Chebukati, in breach of rules of natural justice and without due regard to the law, have failed to gazette Dr Aukot as a presidential candidate despite him having been duly nominated as a presidential candidate in the August 8 polls just like the two.
“Unless this matter is heard and determined urgently, Dr Aukot and his voters are likely to suffer injustice and irreparable loss having been unlawfully excluded," he stated.
According to Dr Aukot, the August 8 presidential election was declared invalid, null and void hence it is discriminatory to have the two presidential candidates as the only contenders.
He, therefore, wants the IEBC stopped from printing the ballot papers which exclude his name.
In his documents, the Thirdway presidential candidate has also included Jubilee Party, Orange Democratic Movement (ODM) and IEBC Chairman Wafula Chebukati in the case.