•Aukot also wants the court to bar IEBC from clearing Wiper leader Kalonzo Musyoka and ANC leader Musalia Mudavadi from being cleared as running mates in the upcoming August polls.
•They further averred barring them from contesting will not violate their political rights as every other person serving as a public officer cannot run for elective position.
Image: RAILA ODINGA/TWITTER
Thirdway Alliance Party leader Ekuru Aukot now wants to block Raila Odinga from being on the ballot in the August polls on grounds that he is still a public servant.
Aukot also wants the court to bar IEBC from clearing Wiper leader Kalonzo Musyoka and ANC leader Musalia Mudavadi from being given nods as running mates in the upcoming August polls.
In a petition filed in court, Aukot alongside his chair Miruru Waweru argue that the three are lifetime public servants and cannot resign to run for elective posts as other public officers.
They argue that in 2015, parliament enacted Act No 8 of 2015 -Retirement Benefits (Deputy President and Designated State Officers) Act which created specific public offices obligating the entitled persons to serve as public officers as stipulated under section 8 of the Act.
“The Act recognizes the entitled persons and grants them both a generous retirement package and an obligation to serve as advisors to the government and the people of Kenya,” reads court documents.
It is their argument that the advisory role given to the three leaders under section 8 is not optional and the relevant persons are obligated to serve as advisors throughout their lifetime adding that this privilege is not available even to career civil servants.
“It is the considered view of the Petitioners that the said Respondents are by dint of the said Act of parliament public officers as their benefits are drawn from the consolidated fund as allocated by Parliament and their role is defined under the selfsame piece of legislation,” they argued.
Aukot has asked the court to consider their application because IEBC may anytime now clear the three to vie for the Presidency or the position of Deputy President which administrative decision will be unlawful.
He has also criticised the three leaders for campaigning when they are still public officers saying their conduct makes a mockery of the legislative framework regulating the involvement of public servants in active politics and the proper functioning of our democracy.
According to the court papers, unlike other public officers who can resign from their positions to run for public office, this privilege granted to the entitled persons does not give them an option to disengage or resign as public officers.
They further averred barring them from contesting will not violate their political rights as every other person serving as a public officer cannot run for an elective position.
“In fact, it would be discriminative to restrict all other public servants and allow the 2nd to 4th respondents to be nominated by IEBC as presidential candidates or presidential running mates,” reads court documents.
Aukot and Waweru are of the view that it is a high honour for the three leaders to have been recognized as public officers for life as they have served our nation in various senior political offices.
“By providing them with a lifetime public office job, the Act insulated them from the risks involved in searching for public office through the elective office which is not guaranteed,” they said.
The benefits paid to the entitled persons include funds to support their official operation as advisors to the government and the people of Kenya.