Thirdway Alliance Presidential hopeful Dr. Ekuru Aukot now wants the court to bar ODM Leader Raila Odinga from taking part in the 2022 August polls.
In his petition, Aukot argued that Odinga is a public servant under Article 260 of the constitution given that they receive retirement benefits from the consolidated fund.
The Thirdway Alliance leader in his petition also wants Wiper Leader Kalonzo Musyoka and his Amani National Congress (ANC) counterpart barred from running for the presidential seat or the deputy president seat.
“A declaration that the Section 3 & 8 of the Retirement Benefits (Deputy President and Designated State Officers) Act, 2015 as read together with Articles 137 (2) (b) of the Constitution disqualify the 2nd (Raila Odinga), 3rd(Kalonzo Musyoka) 4th (Musalia Mudavadi) Respondents from being nominated as presidential candidates by the Independent Electoral & Boundaries Commission,” read the petition.
In his argument, Aukot alongside Miruru Waweru stated that the trio are lifetime public servants entitled to retirement benefits as Parliament enacted the Act No. 8 of 2015 -Retirement Benefits (Deputy President and Designated State Officers) Act.
Therefore, the duo stated in their petition that the two are not entitled to resign as Public servants six months to the polls.
“Unlike other public servants 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,”read the petition.
The petitioners is urgently seeking an injunction from the court barring the Independent Electoral and Boundaries Commission (IEBC) from clearing Musyoka,Odinga and Mudavadi as candidates for the presidential and deputy president seat.
“An injunction barring the Independent Electoral & Boundaries Commission from nominating the 2nd – 4 th Respondents as candidates for the office of the President or Deputy President of the Republic of Kenya,” stated the petition.
In the petition, Aukot and Waweru are seeking interpretation of the court on whether the trio are public officers and if so they be disqualified from vying for the presidency.
“The country will be staring at a crisis of monumental proportions and possible loss of unnecessary funds to finance a fresh presidential election or to reprint ballot papers if the declaration is made before the elections is conducted,” read the petition.
Odinga is deemed as public servant having served as former Prime Minister of Kenya from 2008 to 2013, and the Party Leader of the Orange Democratic Movement.
Musyoka on the other hand as former vice president from 2008-2013, and the current Party Leader of the Wiper Democratic Movement and is the presidential flag bearer of Wiper.
Mudavadi is a former Vice President, the Party Leader of the Amani National Congress and was declared the presidential flag bearer of ANC.
“In the event the court does not make a pronouncement on the proper interpretation of the Provisions of the – Retirement Benefits (Deputy President and Designated State Officers) Act vis-a-vis Articles 137 & 260 of the Constitution, the changes to the ballot papers or the nullification of an election based on eligibility after the fact may be too costly for the Kenyan Tax payer who will still have to finance a re-printing of ballot papers or a repeat presidential election,”the petitioners stated.
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