Maraga Rejects Ekuru Aukot’s Petition To Contest In Repeat Polls

Chief Justice David Maraga has struck out Thirdway Alliance presidential candidate Ekuru Aukot’s petition to contest in the repeat presidential elections.

Maraga said Mr. Aukot needs to head to the High Court to get clarification because the Supreme Court has no jurisdiction to hear the issues he raised.

Read Also: Thirdway Alliance’s Ekuru Aukot Files Eligibility Case

Aukot was seeking an interpretation from the highest court in the land on whether he is eligible to contest in the polls which is set for October 2017.

The Independent Electoral and Boundaries Commission said the contest will be only between President Uhuru Kenyatta and Hon. Raila Odinga.

IEBC chairman Wafula Chebukati said Aukot had conceded losing the election, therefore, is not eligible. He also added that a similar decision was made in 2013 by the apex court.

“I verily believe the applicant is not eligible having not filed a petition of his own or been included by the petitioners as the third petitioner.”

“The electoral commission, guided by the position expounded by this court, acted in good faith and was mindful of the Constitution at all times,” he added.

Aukot, however, argued that having contested the August 8 poll, his rights and those of his supporters will be infringed should he be barred.

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President Uhuru Kenyatta, in a statement through his lawyers, shared the sentiments of the electoral commission regarding Ekuru Aukot’s Petition.

He said that the repeat poll is between the petitioners who challenged the election and the president-elect. He further added that Aukot had conceded defeat after the August 8 election.

“I am aware that Aukot through a press statement issued on August 10, 2017, conceded defeat of the election. He cannot, therefore, state that he wants to participate in the election of 17th October 2017.”

“In the case, the petitioners were only two; Raila Odinga and Kalonzo Musyoka. In line with the decision of this Court stated at paragraph 6 above, these are the only two persons together with the 3rd Respondent who are eligible to participate in the election to be held on 17th October 2017,” he added.

Raila Odinga, however, sided with the Thirdway Alliance candidate. He said it is discriminatory to lock him out of the race.

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