A case filed by Thirdway Alliance party leader Ekuru Aukot seeking clarity on which candidates should participate in the fresh presidential election has been certified as urgent.
Aukot was a presidential candidate in the August 8 General Election.
After the Supreme Court ordered repeat presidential polls, the IEBC said only Jubilee’s President Uhuru Kenyatta and NASA’s Raila Odinga would be on the ballot on October 17.
Chief Justice David Maraga yesterday also directed Aukot to serve his court papers before September 11.
The IEBC, chairman Wafula Chebukati and other parties in the presidential petition filed by Raila against Uhuru’s reelection are expected to file and serve their responses together with their written submissions before September 15.
The case will thereafter be mentioned before the Registrar on September 18 at 9am to confirm compliance.
Aukot, who was fifth in the race, wants the court to interpret the Supreme Court judgment delivered on September 1 invalidating Uhuru’s win.
He is aggrieved by the decision of the IEBC announcing that only Uhuru and Raila are eligible to contest in fresh polls.
Aukot says he has a direct, legitimate and inalienable constitutional right to participate in the fresh presidential election, having been a contender in the last polls.
“I believe that my political right and that of my constituents as enshrined in the Constitution are threatened, violated and infringed [on] by the decision of IEBC and Chebukati to exclude me in the fresh election without lawful justification,” he says.
Aukot 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 in the present situation.
Article 138 states that, “If no candidate is elected, a fresh election shall be held within thirty days after the previous election and in that fresh election the only candidates shall be (a) the candidate, or the candidates, who received the greatest number of votes; and (b) the candidate, or the candidates, who received the second greatest number of votes.”
Section six adds that if more than one candidate receives the greatest number of votes, then the candidates in the fresh election shall be those who received the greatest number of votes and section 5 (b) shall not apply.