NASA leader Raila Odinga has called for Thirdway Alliance’s Ekuru Aukot to be part of the repeat Presidential election next month.
In a response filed before the Supreme Court, Raila on MOnday stated that it is discriminatory to lock out Aukot from the race after he participated in the August 8 election where he finished fifth.
“The gazette notice is discriminatory, unconstitutional and, therefore, invalid, null and void,” Raila said.Chief Justice David Maraga is expected to constitute a bench to hear the case on September 21.Both President Uhuru Kenyatta and the Independent Electoral and Boundaries Commission are opposed to the suit on the basis that the court has already determined the candidates to run in the poll.
Aukot wants an interpretation of the Supreme Court judgment delivered on September 1 invalidating Uhuru’s win.
He said he has a direct, legitimate and inalienable constitutional right to participate in the new election, having been a contender in the last poll.
In his response, Uhuru last week said the court cannot be asked to adjudicate on a matter that was not been brought before the judges. Uhuru also argued that the matter was dealt with by the Supreme Court in 2013 and the current bench did not reverse the decision.
For his part, the IEBC chairman, Wafula Chebukati, said Aukot is not eligible to contest, having conceded defeat at a press conference soon after after the August 8 election.
Chebukati, in his response said the decision by the court in 2013 in a similar petition, is consistent with international best practice as accepted and applied by the court.
“I believe that having not filed a petition of his own or been included by the petitioners as third petitioner, the applicant is not eligible to contest in the new presidential election as contemplated by the court,” Chebukati said.