Human Rights activist Okiya Omtatah has obtained temporary orders stopping the Independent Electoral and Boundaries Commission (IEBC) from declaring Uhuru Kenyatta as President-elect following the withdrawal of National Super Alliance (NASA) candidate Raila Odinga from the fresh election.
Mr Odinga announced the withdrawal of his candidature at a press briefing held at Okoa Kenya Headquarters on Tuesday.
The electoral body has since confirmed the move, acknowledging it had received a letter from the opposition coalition regarding the same.
Omtatah, the Executive Director of Kenyans for Justice and Development Trust, moved to court on Wednesday morning where his case was certified urgent and a temporary injunction issued.
[caption caption="Okiya Omtatah leaving Milimani Law Courts"]
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The injunction read in part: "Pending the hearing and determination of this Application and/or the Petition herein the Honorable Court be pleased to issue a temporary order of injunction restraining the 1st and 2nd Respondents, its agents, servants, or any person claiming to act under its authority from proceeding to announce President Uhuru Muigai Kenyatta as the President-elect following the withdrawal of the presidential and deputy presidential candidates representing the National Super Alliance."
The order further stated that the applicant had established a prima facie case and the respondents would suffer no prejudice if the orders were granted.
The ruling came moments before the High Court ordered the inclusion of Thirdway Alliance candidate Dr Ekuru Aukot in the fresh Presidential election.
Justice John Mativo stated that he saw no reason to bar Aukot and other candidates from the October 26th polls noting it was a fresh election and not a run-off.
[caption caption="Thirdway Alliance Presidential Candidate Ekuru Aukot"]
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He stated: "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 be qualified to run."
Aukot declared that he would issue a comprehensive statement detailing the Alliance's position on the Presidential election and the electoral body tasked with conducting it.
