Voter seeks to bar Aukot from fresh election

Written By: Lilian Atieno
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Dr. Ekuru Aukot

A Kenyan has moved to the Court of Appeal seeking to have Ekuro Aukot barred from participating in the October 26th repeat presidential election.

Abraham Kiplangat Mutai says the high court erred in law in departing from the decision of the supreme court defining fresh elections under article 140 (3) of the constitution.

Barely three days after the high court gave Dr. Ekuro Aukot green light to participate in the fresh elections slated for October 26, a man has moved to the court of appeal to have the order quashed.

Through lawyer Nelson Harvey, Abraham Kiplangat Mutai argues that Justice John Mativo of the high court erred in finding that IEBCs decision to exclude Dr. Aukot in the October polls was discriminatory and unconstitutional.

He further says the judge contravened section 14 (1) (b) of the elections act no. 24 of 2011 in directing the gazettement of Aukot as a candidate in the fresh election outside prescribed time.

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He accuses the judge of relying entirely on foreign decisions in making his judgment disregarding the decisions of the supreme court of Kenya.

On Wednesday, Justice John Mativo declared Aukot eligible to participate in the fresh election and directed IEBC to gazette his name according to the election laws.

And Nairobi governor Mike Mbuvi alias Sonko has responded to an election petition against his win saying he was validly elected.

Sonko has asked the court to dismiss the petition by a voter Japheth Muroko and listed six key issues he wants determined including whether the petitioner has laid sufficient basis for scrutiny of the said election.

Muroko in his petition said the Nairobi gubernatorial election was conducted contrary to the provisions of the constitution.

He also argued that agents of the former governor and his party were either denied or given little access to specific stations which allowed massive irregularities. Former Nairobi governor Evans Kidero has since applied to be enjoined in the petition as an interested party.

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Meanwhile, Former Lamu Governor Issa Timammy has urged the High Court to add additional seals to each ballot boxes used on August 8 general election in order to prevent interference with the ballot materials.

In an application before Justice Dorah Chepkwony in Malindi, Timmamy wants to be allowed to enhance locks to the premises where ballot boxes are stored and wants IEBC ordered to avail and furnish the court with all election materials.

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