Court dismiss Ekuru Aukot’s petition nullifying Raila from August polls
The High Court has dismissed a case filed by Thirdway Alliance leader Ekuru Aukot seeking to bar Azimio leader Raila Odinga from vying for the presidency in the August 9 polls.
Aukot contended in his petition that because Raila is a former prime minister, he is a public official and hence unqualified to run for president.
Justice Anthony Mrima ruled that the Retirement Benefits (Deputy President and Designated State Officers) Act never established any such Public or State Office.
“The Act was not intended to limit fundamental rights and freedoms specifically political rights under Article 38 of the Constitution of Kenya, 2010,” the court ruled.
Judge Mrima noted that section 43 (5) of the Elections Act requiring State/Public Officers to resign six months before the elections is inapplicable to the designated persons.
Apart from Raila, Aukot had argued that Kalonzo Musyoka and Musalia Mudavadi are lifetime public servants and cannot resign to run for elective posts as other public officers.
The Independent Electoral and Boundaries Commission (IEBC) had also quashed a petition lodged by Aukot.
