Thirdway Alliance presidential candidate Ekuru Aukot has been cleared to participate in the October 26 presidential election.
High Court Judge John Mativo stated that it was clear that the election is not a runoff but a fresh election thus all participants in the August polls had a right to be included on the ballot paper.
"I still find nothing to bar the contestant from the fresh election...Since 60 days is not enough for nominations, then those who participated in the nullified poll should qualify to run," he added.
[caption caption="Ekuru Aukot"]
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Dr Aukot moved to court after the Independent Electoral and Boundaries Commission (IEBC) gazetted two presidential candidates — President Uhuru Kenyatta and NASA leader Raila Odinga and their running mates — as the only ones eligible for the repeat poll.
He had first moved to the Supreme Court seeking an interpretation of “fresh elections” but Chief Justice David Maraga directed him to file the case before the High Court.
According to Dr Aukot, with the Supreme Court invalidating the August 8 presidential vote, anyone who contested the poll is eligible to vie in the repeat election.
“The simple meaning of the Supreme Court decision is that there was no election and anyone who participated in the August 8 presidential election has a right to vie,” he stated.
Through his lawyer, Mr Elias Mutuma, Dr Aukot argued that the electoral body can only limit the number of candidates in a presidential election where no candidate garners 50 percent plus one vote.
The inclusion of Aukot also leaves the door open to any qualified candidate to ask to participate in the election.
On Tuesday, Odinga withdrew from the election, throwing the country into a constitutional crisis leaving President Kenyatta as the only presidential candidate.
[caption caption="President Uhuru Kenyatta"]
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