A voter has filed a case at the Court of Appeal challenging High Court judge John Mativo's ruling that saw Thirdway Alliance candidate Ekuru Aukot allowed to contest in the October 26 presidential election.
Political strategist and blogger Abraham Mutai, through his lawyer Nelson Havi, moved to the Court of Appeal on Friday morning seeking an injunction pending the determination of his appeal.
Speaking to Kenyans.co.ke moments after filing the case, Mutai stated: "We are challenging Justice Mativo's interpretation of the 2013 Supreme Court ruling. We believe the contest should be limited to the petitioner and the winner of the nullified election."
Justice Mativo, while delivering his ruling on Wednesday, stated that Obiter Dictum is not legally binding while making reference to the Willy Mutunga Supreme Court decision of 2013.
Here are the court papers:
Obiter Dictum is legal jargon that means "remarks made by a judge that are not necessary to reaching a decision, but are made as illustrations, thoughts or comments."
The date for the hearing has been set for Monday, October 16th.
Mativo's ruling opened up the presidential race to all candidates who took part in the nullified August poll to take part in the fresh election. Abduba Dida and Japheth Kaluyu have since thrown their hats into the ring.
Justice Mativo noted that the repeat poll was not a run-off but a fresh election.
"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 declared.
[caption caption="Ekuru Aukot celebrates the High Court Ruling with his lawyer Elias Mutuma "]
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The Mativo ruling came a day after National Super Alliance (NASA) leader Raila Odinga announced the withdrawal of his candidature from the repeat election.
