Ekuru Aukot has applied to be joined as an interested party in the petition challenging President Uhuru Kenyatta’s October 26 win.
The Thirdway Alliance leader, who contested the poll, has filed the application at the Supreme Court to be part of the Njonjo Mue case.
He also asked to be listed as an interested party in the petition filed by ex-Kilome MP Harun Mwau.
The two petitioners, in the separate cases, want the court to nullify IEBC’s October 30 declaration of Uhuru as the repeat election winner.
NASA leader Raila Odinga withdrew from the election weeks before voting day.
Mue bases his challenge on the fact that IEBC did not conduct fresh nominations and that Raila’s withdrawal automatically cancelled the vote.
In his application, Aukot says he has a direct and legitimate interest in the petition and hence the need to be allowed to come on board.
Through his lawyer Elias Mutuma, Aukot says he believes that he will be directly affected by the outcome of the petition.
He argued that this is because one of the main issues in contention emanates from a case he lodged at the High Court.
The court allowed him to vie after he successfully argued that IEBC discriminated against him by only naming Uhuru and Raila as the candidates.
“Since the petition by Njonjo Mue is principally on whether there ought to have been fresh nominations, it is prudent that I am enjoined.”
He wants to assist the court in addressing the issue of nomination of candidates among other issues pertaining to the disputed election.
Aukot was among the eight candidates IEBC cleared for the August 8 and October 26 elections.
“I will suffer prejudice if not joined as a party in these proceedings,” he says in an affidavit.
Aukot further says he has gathered crucial information, facts, and analysis that have a direct bearing on the proceedings.
“In light of the mandatory Constitutional time constraints, this application ought to be disposed of expeditiously to avoid a delay in the hearing of the main petition.”
Prior to the repeat election, Aukot moved to the High Court seeking an interpretation of Articles 138(5) and (7) and 140(3) of the Constitution.
He wanted the court to give directions on the meaning of fresh elections and who was eligible to participate as a candidate.
Justice John Mativo held that IEBC discriminated against Aukot when it decided to only allow Uhuru and Raila in the fresh polls.
The judge was of the view that the 60 days given by the Supreme Court to conduct fresh elections would not be enough to for fresh nominations.
The judge further said it would be in the interest of the public that all candidate who contested in the August polls be allowed to participate. The Star