Third way alliance party Kenya has moved to court seeking an order for IEBC to be compelled to gazette afresh notice of fresh presidential elections so as to include his name as a duly qualified presidential candidate under his party ticket.
He is also seeking a declaration that IEBC’s gazettement of Uhuru and Rail a as the only presidential candidates in the fresh presidential elections was in violation of his rights hence the notice should be set aside and declared invalid, null and void.
He is also seeking a declaration that his rights and opportunities to participate and representation in governance and ithervspheres of life as a presidential candidate through regular elections have been infringed, violates and denied.
Aukot filed the petition on grounds that the announced presidential results were declared invalid null and void following a successful petition by Rail and fresh elections ordered to be conducted within 60 days from the date of the said determination.
He further says that IEBC was under a constitutional duty to gazette his name as a presidential candidate in the fresh election having duly participated in the original elections held on 8th August 2017and having been duly nominated by his party.
He alleges that IEBC and its chair Wafula Chebukati have demonstrated outright discrimination and disregard of his political rights.
He further says that the two have violated the provisions of article 27,38 and 104(3) on equality and freedom from discrimination, political rights that the constitution provides.
The Aspirant says that IEBC is deliberately discriminating against him,his constituents and voters by flagrant excluding him from participating in the fresh elections ordered by the supreme court.
Aukot who is represented by lawyer Elias Mutuma filed the application at the High Court after the Supreme Court directed him to seek clarification here on which candidates are to participate in the fresh elections.
