The High Court has ordered IEBC to include Thirdway Alliance Presidential candidate Ekuru Auko on the ballot for the repeat polls on October 26.
Justice John Mativo said that Aukot was unfairly denied a chance to be on the ballot after the Supreme Court nullified the August 8 presidential election.
Aukot protested exclusion from the poll after IEBC said only Jubilee's President Uhuru Kenyatta and NASA's Raila Odinga will be on the ballot.
He told the court that it is his constitutional right to participate in the fresh presidential election having been a contender in the August 8 general election.
"I believe my political right and that of my constituents as enshrined in the constitution are threatened, violated and infringed on by the decision of IEBC and chair Wafula Chebukati to exclude me in the fresh election without lawful justification," Aukot said.
Initially, he filed an application before the Supreme Court but Chief Justice David Maraga declined to hear him instead directing him to file the case before the High Court.
Through his lawyer,
Elias Mutuma, he had argued that the electoral body can only limit the number of candidates in a presidential election where no candidate garners 50 per cent plus one votes.
But Mativo said he saw nothing wrong with his quest to participate in the fresh election since he participated in the presidential petition filed by NASA leader Raila Odinga.
He said he found no legal basis to exclude him from from the polls.
According to the Judge, IEBC violated his rights and that of his supporters when it failed to gazette his name along that of
president Uhuru Kenyatta and
NASA leader Raila Odinga and their running mates.
Having looked at all the submissions presented by the petitioner and the respondents, this court therefore concludes the rights of the petitioner to participate in the election were violated. There are no legal bases explained by the respondents as to why the petitioner was denied the chance and there the case has merits,' Mativo said.
He said
since IEBC infringed and violated Aukot's rights, "We order they immediately issue another gazette notice to include the petitioner as a presidential candidate"
IEBC and AG wanted the decision halted as they pursue appeal but Aukots' lawyers opposed the plea saying it will affect him as he needs to organise his campaigns.
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