EKERU AUKOT MUST BE ON BALLOT PAPER SAYS JUDGE MATIVO

High Court Judge John Mativo has ruled that Thirdway Alliance part leader Ekeru Aukot, who garnered under one per cent of the popular vote at Kenya’s now overturned elections, must be on the ballot paper for the re-election (if there is one!)

“I find nothing to bar the petitioner [Ekeru Aukot] from contesting the fresh elections”, Judge Mativo said.

Judge Mativo ruled that as the Thirdway Alliance candidate was enjoined in the legal case that nullified the August presidential election he should be allowed to contest the next election.

Dr Aukot had gone to court after the Independent Electoral and Boundaries Commission (IEBC) had declared that only Uhuru Kenyatta and Raila Odinga would be eligible to contest the presidential election.

The High Court ruling means that despite Raila Odinga’s decision to pull out of the election Uhuru Kenyatta will face opponents as the next election.

MATIVO – ALL PRESIDENTIAL CANDIDATES ELIGIBLE FOR NEW POLL

In a little noticed qualification to his judgment Mativo also declared that all those candidates who stood for president in August also qualify to be on the ballot papers for the election scheduled for October 26, which the judge deemed to be a fresh election, not a re-run.

As a result of the judgment the IEBC has now been ordered to include Dr Aukot on the ballot paper for the next election and presumably all the other candidates should they wish to stand.

DID AUKOT AND ODINGA CONSIDER THIS SCENARIO?

Following Raila Odinga’s withdrawal from the election and today’s High Court decision the question, did Ekeru Aukot and Raila Odinga think of this this scenario?

Raila Odinga pulled out of the election race perhaps, at least in part, thinking it would rule out the crowning of Uhuru Kenyatta as president because the election would be uncontested. But with other candidates now eligible to stand for president does this mean that the election can now go ahead perfectly legitimately without the Nasa opposition leader?