Thirdway Alliance leader Ekuru Aukot (C) at the Milimani court, Nairobi, on October 11. [PHOTO/the-star.co.ke]
Thirdway Alliance of Kenya leader Ekuru Aukot is asking the Supreme Court to dismiss a petition filed by human rights activist Okiya Omtatah seeking to nullify the October 26 repeat polls.
Aukot termed the suit as incompetent and urged the Supreme Court to reject it because it is “not only a non-starter, but also incurably defective”.
“The petition, in form and substance, offends the mandatory provisions of the Supreme Court Act and the Supreme Court Rules 2017, hence the same is unattainable and liable to striking out,” he said.
The former presidential candidate accused Omtatah of hatching a scheme to dupe the court into determining matters which have already been sufficielntly addressed by the court.
“The petition does not disclose any cause of action since he has not established any legitimate interest that has been affected by the conduct of the fresh poll by the IEBC in compliance with order of this court,” Aukot said.
Although President Uhuru Kenyatta has already been declared winner by the Independent Electoral and Boundaries Commission (IEBC), Omtatah seeks nullification of the win on grounds that the incumbent was irregularly elected.