Thirdway Alliance leader Ekuru Aukot. Photo/the-star.co.ke

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Thirdway Alliance presidential candidate Ekuru Aukot wants the High Court to suspend the printing of ballot papers.

Ballot papers are curently being printed to be used in the repeat presidential election on October 26.

Dr Aukot filed a suit at the High Court in Nairobi on Friday. Seeking to have his name on the ballot.

He argues that it would be unfair to lock him out of the fresh contest after the Supreme Court nullified the win by President Uhuru Kenyatta.

Through lawyer Elias Mutuma, he has faulted the Independent Electoral and Boundaries Commission (IEBC) for unlawfully gazetting Mr Uhuru Kenyatta and Mr Odinga as the only candidates.

 “IEBC and Mr Chebukati, in breach of rules of natural justice and without due regard to the law, have failed to gazette Dr Aukot as a presidential candidate despite him having been duly nominated as a presidential candidate in the August 8 polls just like the two,” said Mr Mutuma.

Aukot had filed the petition at Supreme Court but was later thrown out since the bench is not mandated to hear such cases.