Thirdway Alliance party leader Ekuru Aukot has filed an eligibility case on which candidates are to participate in the repeat presidential election.
The second runner-up in the now canceled August 8 general elections, is seeking to clarify his position and wants the court to interpret the Supreme Court judgment delivered on September 1.
In his petition, Ekuru Aukot claims he has a direct and legitimate and inalienable constitutional right to participate in the repeat presidential election as ordered by the Supreme Court, having been a 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,” he argued.
Similarly, Aukot said that 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.
He wants to be heard before the process of printing ballot papers commences as he will be affected by the process.
Chief Justice David Maraga certified his case as urgent and directed him to serve his application together with his written submissions on or before today, September 11.
Respondents to his applications have, however, been given up to on or before Friday, September 15, 2017, to file and serve their written submissions.
“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,” directed CJ Maraga.
The application will be mentioned before the Registrar on September 18, 2017, at 9:00 am for compliance.