A man has filed an appeal at the Appellate court seeking to have the High Court decision that allowed Thirdway Alliance Party presidential aspirant Ekuru Aukot included in the fresh presidential elections set aside and dismissed.
Abraham Kiplangat Mutai argues that High court judge Justice John Mativo erred in law in holding that the exclusion of Aukot from the fresh presidential elections was discriminatory and unconstitutional.
Through lawyer Nelson Havi, the petitioner says that the high court decision amounts to contravention of section 14(1) (b) of the Election act ,no.24 of 2011.
The applicant claims that he is appealing against Aukot’s inclusion in the presidential election slated for 26th October, which election is deemed to have been cancelled following the withdrawal from the race by NASA leader Raila Odinga.
He claims that the High Court erred in law when it ruled that the Supreme Court interpretation of the meaning of ‘fresh elections’ was not binding upon him and that he erred in law by directing IEBC to gazette his name as a candidate in the fresh election, out of time.
The appeal has been filed just a few days days after high court ordered IEBC to include the Thirdway Alliance Party leader in the ballot for the repeat presidential election.