Narok South voter, Abraham Kiplangat Mutai challenges inclusion of all presidential in the October 26 polls.
The aggrieved voter, through lawyer Nelson Havi , lodged an urgent application before Court of Appeal seeking to suspend the participation of the candidates pending the outcome of the appeal against the October 11 decision by the High Court Judge John Mativo.
High Court ordered Independent Electoral and Boundaries Commission (IEBC) to include Thirdway Alliance Party leader Ekuru Aukot in the ballot for the October 26 repeat presidential election.
Abraham Kiplangat Mutai claims that High court judge John Mativo erred in law, in holding that Dr. Ekuro Aukots exclusion from the fresh presidential election was discriminatory and unconstitutional.
“The applicant has appealed against the decision of the high court directing the inclusion of the Ekuro Aukot in the presidential election for 26th October which election is deemed to have been cancelled following the withdrawal from the race by NASA leader Raila Odinga,”reads court documents.
He now wants the court of appeal to set aside and dismiss the entire judgment.
Through lawyer Nelson Havi, the petitioner says that the high court decision amounts to a contravention of section 14(1) (b) of the Election act ,no.24 of 2011.
He claims that the high court erred in law when it ruled that the Supreme Court interpretation of the meaning of fresh election was not binding upon him and that he erred in law by directing IEBC to gazette Aukot as a candidate in the fresh election, outside time.
The appeal has been filed just three days, after high court ordered Independent Electoral and Boundaries Commission (IEBC) to include Thirdway Alliance Party leader Ekuru Aukot in the ballot for the October 26 repeat presidential election.