IEBC Chairman Wafula Chebukati (left) and CEO Ezra Chiloba at Anniversary Towers, Nairobi, on April 5, 2017. [Photo/Nation]With less than 35 days left to the October 26 fresh presidential poll, Thirdway Alliance presidential candidate Ekuru Aukot has filed a suit at the High Court in Nairobi seeking to have IEBC stopped from printing the ballot papers to be used in the repeat election.Through his lawyer Elias Mutuma, Aukot claims it would be unfair for the Independent Electoral and Boundaries Commission to lock him out of the State House Race after the August 8 presidential poll was nullified and the Supreme Court ordered fresh elections.In the petition filed on Friday, he blames the electoral body for illegally gazetting Uhuru Kenyatta and the National Super Alliance presidential candidate Raila Odinga as the only candidates for the repeat poll. The Thirdway Alliance leader who wants his name to also be included in the contest has termed IEBC's move as “malicious and discriminative”.“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 Mutuma as quoted by Daily Nation.Aukot's lawyer further noted in the event his client is excluded from the race unlawfully, his supporters will suffer injustice.“unless this matter is heard and determined urgently, Dr Aukot and his voters are likely to suffer injustice and irreparable loss having been unlawfully excluded," he said.In his petition, Aukot has sued IEBC, IEBC's chairman Wafula Chebukati, Jubilee Party and the Orange Democratic Party.

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