CJ Maraga sets up bench to hear Ekuru Aukot's case

The case in which Thirdway Alliance presidential candidate Ekuru Aukot is seeking to be included in the October 17 presidential repeat poll will be heard on Thursday.

The case will be heard by a three-judge bench to be set up by Chief Justice David Maraga, Deputy Registrar of the Supreme Court Daniel ole Keiwua said on Monday.

IEBC

The directions were issued when Dr Aukot, who took part in the presidential petition filed by Nasa leader Raila Odinga, appeared before the registrar.

Representatives of other parties named in the case— President Uhuru Kenyatta, National Super Alliance candidate Raila Odinga, Prof Michael Wainaina, Attorney-General Githu Muigai and Law Society of Kenya (LSK) — also attended the session.

In the petition, Dr Aukot has faulted the Independent Electoral and Boundaries Commission for limiting the number of candidates who will participate in the fresh election to two.

In reply, President Kenyatta has opposed the inclusion of Dr Aukot in re-run, arguing that the fresh battle will be between him and Mr Odinga.

Supreme Court nullified President Kenyatta’s win on September 1, citing irregularities and illegalities in the transmission of results.

RIGHT

The court, in a majority decision, directed the IEBC to conduct fresh elections within 60 days, as per the Constitution.

The electoral body has since announced that the poll will be held on October 17, and that Mr Odinga and President Kenyatta are the only candidates that will participate.

The announcement prompted Dr Aukot to move to court seeking a clarification on whether he can contest the fresh election.

Dr Aukot argues that he has a direct, legitimate and inalienable constitutional right to participate in the fresh poll and the failure to include him in the ballot is a violation of his rights and those of his supporters.

But in a sworn statement, Mr Davis Chirchir, who was Jubilee Party’s Chief Agent, argued that Dr Aukot does not qualify as a candidate.

2013 CASE

Mr Chirchir said the Supreme Court did not deal with any of the grievances raised by Dr Aukot.

He further said the court cannot be asked to adjudicate on a matter that was not brought before the judges.

He added that the matter was dealt with by the Supreme Court in 2013 and the current bench did not reverse the decision.

Mr Chirchir argued that Dr Aukot is asking the court to rehear a matter that was determined in 2013.