, NAIROBI, Kenya, Sep 6 – Ekuru Aukot who contested the presidency in the nullified August 8 poll has moved the Supreme Court to pronounce itself on who is eligible to participate in the fresh ballot.
Aukot has taken issue with the Independent Electoral and Boundaries Commission’s decision to only allow the two top contenders in August 8 presidential poll to participate in the fresh poll slated for October 17.
He has sought to draw a distinction between a fresh poll and a run-off in which case it is clear that only the two top contenders should participate.
“Chebukati has failed to understand the Constitution because his proposal is based on a wrong Article of the Constitution which is 138 which talks about a run-off,” Aukot told reporters outside the Supreme Court on Wednesday.
Taken to task over the fact that he conceded in the August 8 race, it was Aukot’s contention that the numbers on which he based his decision are not to be trusted as the Supreme Court found the exercise to have been marred by irregularities and illegalities.
“We do not know actually who got what results because of the manner in which the forgery of the forms was done. Form 34As were not available, Form 34Bs were signed by agents of people who had not even offered themselves as presidential candidates; with one of the forms even being purportedly signed by Uhuru Kenyatta and Raila Odinga as agents.”
Aukot also plans to initiate contempt of court proceedings against IEBC Chairman Wafula Chebukati over the Commission’s failure to fully comply with the Supreme Court’s orders for access to their servers.
Despite Aukot’s strong reaction to their decision to not accord all those nominated in the August 8 exercise to decide for themselves whether they would like to run again or not, the IEBC went ahead to gazette Kenyatta and Odinga as the only two who will be on the ballot come October 17.
Aukot’s sentiments on IEBC’s “misapplication” of the law are shared by Odinga who on Tuesday also took issue with the October 17 election date.
The IEBC has based its decision to restrict the October 17 poll to Kenyatta and Odinga on the strength of the 2013 presidential election petition judgement delivered by the Supreme Court which states:
“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.”