Thirdway Alliance leader Ekuru Aukot. [Photo/kahawatungu]
National Super Alliance (Nasa) presidential candidate Raila Odinga wants the Supreme Court to allow Ekuru Aukot to take part in the fresh presidential poll.
Dr Aukot, Thirdway Alliance leader, moved to the apex court to seek clarification on who is eligible to vie in the fresh presidential poll as ordered by the Supreme Court on September 1.
Raila in a response filed at the court says it is discriminatory to lock out Dr Aukot from the race after he participated in the August 8 election.
Dr Aukot finished fifth in the presidential race.
Chief Justice David Maraga is expected to constitute a bench to hear the case on September 21, 2017.
Jubilee Party leader President Uhuru Kenyatta and the Independent Electoral and Boundaries Commission (IEBC) are opposed to the suit on the basis that the court has already determined the candidates to run in the poll.
IEBC had gazetted only Uhuru and Raila as the presidential candidates.
IEBC chairman Wafula Chebukati in his response said Aukot is not eligible to contest because he conceded defeat at a press conference.
Chebukati says the decision by the court in 2013 in a similar petition, is consistent with international best practice as accepted and applied by the court.