Third Way Alliance Presidential candidate Ekuru Aukot is expected to move to the Supreme Court Tuesday evening to challenge the decision by IEBC to axe him alongside six others from the fresh presidential election.
Aukot further wants to institute contempt of court charges against IEBC Chair Wafula Chebukati whom he accuses of failing to provide access to the electoral agency’s servers as ordered by the Supreme Court.
Aukot who took the third position in the nullified elections has protested the decision by the IEBC to declare that only President Uhuru Kenyatta and NASA Leader Raila Odinga will participate in the fresh presidential election slated for the 17th of October.
Aukot argues that the Supreme Court was express that the August 8th election was invalid, null and Void and therefore a fresh election ought to involve all the eight Presidential candidates. IEBC relied on the Supreme Court ruling of 2013 that defined the term fresh election as follows.”
If the petitioner was only one of the candidates, and who had taken the second position in vote-tally to the President-elect, then the “fresh election” will, in law, be confined to the petitioner and the President-elect.
All the remaining candidates who did not contest the election of the President-elect, will be assumed to have either conceded defeat, or acquiesced in the results as declared by IEBC; and such candidates may not participate in the “fresh election.”
As this was the situation in this case, if the Court were to invalidate the election of Uhuru Kenyatta and William Ruto, only Raila Odinga would participate as a contestant in the “fresh election” against the President-elect and the candidate who received the most votes in the fresh election would be declared elected as President.
Aukot also wants the Supreme Court to find IEBC Chairman Wafula Chebukati in contempt of court for failing to provide access to IEBC servers as ordered by the Supreme Court judges before the commencement of the Raila Odinga petition.