IEBC Decision To Bar All Candidates Except Uhuru And Raila Has Been Challenged

by Mahakamani News

CJ Maraga

A decision by IEBC to lock out all other candidates apart from Uhuru Kenyatta and Raila Odinga in the upcoming October 17 Presidential Election has been challenged at the Supreme Court.

The Supreme Court certified a case filed by presidential aspirant Ekuru Aukot of Third way Alliance urgent seeking clarification on who should or should not run.

“Having certified of urgency dated 6th September 2017 together with the Notice of Motion of even date and further having read and considered the supporting Affidavits sworn on 6th September 2017 by Ekuru Aukot it is hereby ordered as follows that the Notice of Motion under consideration is hereby certified as urgent,” Chief Justice David Maraga directed.

Dr. Aukot has been mandated to serve the application together with his written submissions on or before the today.

The respondent, IEBC is expected to file and serve its response together with written submissions on or before September 15, 2017.

The application will be mentioned before the Registrar on 18th September 2017 at 9:00 a.m. for compliance.


Aukot wants the court to interpret its judgment delivered on September 1 invalidating President Uhuru Kenyatta’s win.

In his petition, Aukot claims he has a direct and legitimate and inalienable constitutional right to participate in the presidential election as ordered by the court has been a presidential candidate in the August 8 poll.

“I believe that my political right and that of my constituents as enshrined in the Constitution are threatened, violated and infringed by the decision of IEBC and Chairman Wafula Chebukati to exclude me in the fresh election without lawful justification,” argued Aukot.

Aukot further says the electoral agency can only limit the number of candidates to a presidential election only in the circumstances contemplated in Article 138 (5) (6) in the Constitution, which is not the case now.

“In light of the mandatory time constraints set by the court’s judgment, this application ought to be disposed of expeditiously to avoid a delay in the inclusion of my name on the ballot,” he said.

Aukot wants to be heard before the process of printing ballot papers commences.

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