A past Independent Electoral and Boundaries Commission (IEBC) press briefing. [Photo|IEBC]Thirdway Alliance presidential candidate Dr Ekuru Aukot is headed to court, Tuesday (today).In his petition, Aukot seeks to sue the chairman of the Independent Electoral and Boundaries Commission (IEBC) Wafula Chebukati, after he locked out other candidates, in the fresh presidential election, that was ordered by the Supreme Court on September 1.IEBC announced that Jubilee Party's Uhuru Kenyatta and National Super Alliance' (Nasa) Raila Odinga would be the only candidates in the presidential ballot paper, in October.However, Aukot argues that the election is not a repeat, but a fresh election, and should involve all the candidate.Aukot's argument was echoed by Nasa, saying IEBC's declaration was both unconstitutional and unlawful."Article 140 of the Constitution contemplates a fresh election in which any eligible Kenyan can participate including a candidate who may have not taken part in a previous election. It is also an erroneous interpretation of the law that only two candidates will participate in a fresh election," said Nasa, Tuesday morning.Also, Aukot seeks to sue the IEBC, for contempt of Court, after it failed to grant Nasa, full access to its servers, during the presidential petition at the Supreme Court.According to him, IEBC contravened court orders, which amounts to disobeying the court.Nasa and Aukot as interested party, successfully petitioned the August 8, presidential election, on grounds that it was a sham.

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