David Maraga, Kenya's Chief Justice. [Photo/the-star.co.ke]

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Chief Justice David Maraga has set a date of hearing of the case filed by Thirdway Alliance leader Ekuru Aukot.

Maraga on Monday certified as urgent the case in which Dr Aukot, a presidential candidate in the August election, is seeking clarity on which candidates are to participate in the fresh polls.

The chief justice said the case will be mentioned on September 18, 2017.

Dr Aukot requested the Court to clarify those eligible to contest in the October 17 election after IEBC gazetted President Uhuru Kenyatta and NASA leader Raila Odinga as the only participants.

He also wants a clarification on the meaning and effect of fresh elections as ordered by the Supreme Court on September 1.

The Thirdway Alliance leader argued that he had a direct, legitimate and inalienable constitutional right to participate in the election having been a presidential candidate in the August 8 poll.

“I believe that my political right and that of my constituents as enshrined in the Constitution are threatened, violated and infringed by the decision of IEBC and Chairman Wafula Chebukati to exclude me in the fresh election without lawful justification,” Aukot submitted.