Ekuru Aukot in Court to Block Raila, Kalonzo and Mudavadi from Vying for the Presidency

Former presidential aspirant Ekuru Aukot has filed a petition seeking to have ODM leader Raila Odinga, Kalonzo Musyoka of Wiper and ANC's Musalia Mudavadi barred from running for the presidency in this year’s elections.

Aukot, who is the party leader of Thirdway Alliance, argues that Odinga, Musyoka, and Mudavadi being former prime minister and vice presidents respectively are public officers, hence unqualified to vie for the presidency.

The lawyer avers that the three are beneficiaries of the Retirement Benefits (Deputy President and Designated State Officers) Act enacted by Parliament in 2015.

"The Act recognizes the entitled persons and grants them both a generous retirement package and an obligation to serve as advisors to the government and the people of Kenya. The advisory role as stipulated under section 8 of the Act is not optional and the relevant persons are obligated to serve as advisors throughout their lifetime. This privilege is not available even to career civil servants," reads the petition.

"It is the considered view of the Petitioners that the said Respondents, are by dint of the said Act of parliament public officers as their benefits are drawn from the consolidated fund as allocated by Parliament and their role is defined under the selfsame piece of legislation."

Aukot cites the provisions of Section 43(5) of the Elections Act, which requires public officers eyeing elective seats to resign, and Article 137 which bars public officers from contesting for the Presidency. 

He wants the court to order IEBC not to clear Odinga, Kalonzo, and Mudavadi to vie for the presidency or the position of deputy president.

He argues that should IEBC clear the three, it will be rubber-stamping the unlawful conflict of interest that the three embody by being active politicians yet enjoying perks reserved for retired public servants.