Kenya, Nairobi-All the eight presidential candidates who participated in the nullified Kenyan polls on August 8th, 2017 are eligible to contest in the fresh polls, according to the Independent Electoral and Boundaries Commission-IEBC.
This comes hours after Justice John Mativo delivered his judgement directing the IEBC to include Ekuru Aukot in the re-run of the Kenya’s presidential elections. In his judgment delivered on Wednesday morning, Justice Mativo said, “I find nothing to bar the petitioner from contesting the fresh election.”
He explained that Aukot was an interested party in the petition challenging the victory of President, Uhuru Kenyatta. He directed the IEBC to amend the gazette notice on presidential candidates to include Aukot. In a statement issued on Wednesday afternoon, IEBC says it has deliberated on the judgment by Justice Mativo and notes that the relevant law applicable for holding fresh presidential elections is Article 140 (3) of the constitution”.
“It is pursuant to this provision that the Supreme Court on September 1, 2017 nullified the results of the presidential elections conducted on 8th August, 2017. The court ordered that a fresh election be held within a period of 60 days from the 1st September, 2017,” the statement reads.
IEBC also notes that in his judgment of Justice John Mativo in Ekuru Aukot Vs IEBC and others on October 11, 2017 court found that all candidates who participated in the August 8th presidential elections were entitled to contest in the fresh polls. IEBC says it had already gazzeted Uhuru Kenyatta with his running mate William Ruto and Raila Odinga and his running mate, Kalonzo Musyoka.
“However, since all candidates who participated in the last elections were entitled to run in the fresh presidential elections, the Commission will comply with the court directive to include the names of the other candidates by way of corrigenda,” the statement reads.
The Commission notes that it will not compel any candidate to participate in an election. “The law allows a candidate to withdraw his/her candidature by delivering to the Commission a duly signed form 24A”.
The Commission notes that Raila and his running mate sent letters withdrawing their candidature from the fresh elections on October 10, 2017. “They however, haven’t submitted the statutory form 24A. Once the Commission receives the requisite notice from any of the candidates, it will process the same in accordance with the requisite provision of the law,” the statement reads.