The High Court has ordered the Independent Electoral and Boundaries Commission (IEBC) to include Thirdway Alliance presidential candidate Ekuru Aukot's name in the ballot for repeat election set for October 26th.
While delivering the ruling in a case where Aukot sought to take part in the repeat election, Justice John Matibo further directed the electoral commission to amend the gazette notice it has issued earlier and include Aukot and all other candidates who participated in the cancelled August 8th poll.
"Having participated and supported the petition that nullified the elections, I still find nothing to bar Dr Aukot from contesting in the fresh elections," said Justice Mativo.
Justice Mativo further ruled that the right to participate in the electoral process, including voting and contesting for is part of the basic structure of a democratic nation.
He said the repeat election is not a run off, saying a run off refers to competition between two leading contestants and excluding Aukot from the ballot for the fresh election is a violation of his rights.
He said that the 2013 Supreme Court opinion that IEBC used as a basis to lock out the rest of the candidates want not legally binding because it was an Obiter Dicta.