Thirdway Alliance Party Presidential candidate Dr Ekuru Aukoti is now seeking orders to halt Independent Electoral and Boundaries Commission from Printing Ballot Papers for Presidential election slated for 26 September 2017.
Chief Justice David Maraga on Wednesday directed Dr Ekuru Aukot to go back to the High Court for an interpretation on whether he can run in the repeat presidential election.
Aukot filed a case protesting exclusion from the poll after the Electra commission said only Jubilee’s President Uhuru Kenyatta and NASA’s Raila Odinga will be on the ballot.
He said he has the constitutional right to participate in the fresh presidential election having been a contender in the August 8 general election.
He says that the IEBC has not included nor gazetted his name has one of Presidential candidate to contest along side President Uhuru Kenyatta ( Jubilee Party) and Raila Odinga of NASA.
Dr Aukoti through lawyer Elias Mutuma, says that the commission Chairman Wafula Chebukati has caused the names of Uhuru and Raila to be published in Kenya gazette dated 5 September 2017 has the only Presidential Candidates for the fresh election announced by the Supreme Court on 1 September 2017.
He wants the petition be heard expeditiously due to time constraints.
The lawyer said that IEBC Chairman has ignored the provision of the Constitution and clearly acted in bad faith.
He said that the petitioner was nominated by his Party and did participate in 8 August 2017 general election in which election Uhuru was elected as the President, the result were later annulled by the Supreme Ccourt.
In a short ruling, Mr Maraga found that the Supreme Court did not have powers to hear the Third way Alliance leader’s case.
His decision means that the repeat race will be between President Uhuru Kenyatta and National Super Alliance candidate Raila Odinga.