Third Way Alliance Party Leader Dr Ekuru Aukot has made yet another attempt to bar Azimio la Umoja One Kenya Coalition Party Presidential Candidate Raila Odinga from contesting for the country’s top seat.
In a letter to the Independent Electoral and Boundaries Commission (IEBC) Chairman Mr Wafula Chebukati dated June 5th, Dr Aukot objected the nomination of Mr Odinga on three grounds a day after the former Premier and his running mate Martha Karua, was cleared to contest for the country’s top seat.
The Thirdway alliance Party Leader believes the commission erred on clearing the supposedly presidential candidate and running mate.
In his petition, Dr Aukot claims that Mr Odinga is not a member of the Azimio Coalition Party which to him is a corporate entity as envisaged by section 12 of the Political Parties Act, 2011.
The membership of the coalition comprises 26 parties which include Orange Democratic Movement (ODM), Jubilee, KANU, Wiper Democratic Movement Party among others.
According to Dr Aukot, the 100 per cent membership of Azimio la Umoja being political parties out rightly bars Azimio from fielding a presidential candidate for an election.
“The members of this coalition political party are corporate entities and not citizens of Kenya. Corporate entities such as membership of Azimio have no constitutional right to vote or even be entered into the register of voters,” said Dr Aukot.
He insisted that if Azimio was to field a candidate, it has to be one of its corporate entities which in itself, he feels is a misnomer and unknown to the law.
He argues that to even contemplate doing so, would be to render the all exercise nugatory and laughable.
Dr Aukot cites Article 137 (1) (c) of the constitution which provides that a person qualifies for nomination as a presidential candidate if he or she is nominated by a political party, or is an independent candidate.
“Raila Amollo Odinga and his running mate are not members of the Azimio la Umoja and thus not eligible to run under a party they are not members,” said Dr Aukot.
He insisted that no agreement, including a coalition agreement would grant the said coalition political party legal capacity to field candidates who are not its citizens.
The other ground laid out by the Thirdway Alliance Party leader was that Mr Odinga is blatantly and openly being sponsored by the state to an extent that his candidature was posted in the president.go.ke which is hosted using public funds.
“The commission cleared Mr Odinga despite the fact that it is in the public domain that the above named is using state as well a public resources and tax payers’ money to fund their campaign,” said Dr Aukot.
Another issue, he is raising is that Mr Odinga enjoys the support of the government officers who he claims have been campaigning for him.
He pointed out that it is in the public domain that active State and Public officers singling out Cabinet Secretaries Mr Peter Munya (Agriculture), Dr Fred Matiang’i (Interior), Mr Joseph Mucheru (ICT) and Interior Principal secretary Mr Karanja Kibicho have openly campaigned for the ODM leader.
Dr Aukot had raised the complaint with IEBC earlier in March 11, 2022 where he cited through a letter early campaigns in breach of the Electoral Code of Conduct.
It is not the first time Mr Aukot was seeking to stop Mr Odinga from participating in the General Election.
In April this year alongside Mr Miruru Waweru, Dr Aukot presented a petition to bar no only Mr Odinga, but Amani National Congress Party leader Mr Musalia Mudavadi and Wiper Leader Mr Kalonzo Musyoka from running a president or Deputy President.
Dr Aukot stated that the trio are lifetime public servants entitled to retirement benefits and therefore, the duo stated in their petition that the two are not entitled to resign as Public servants six months to the polls.
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.
Apart from Mr Odinga, other contenders who have been cleared are Deputy President William Ruto, Prof George Wajackoyah of Roots Party, Mr Walter Mong'are of Umoja Summit Party and lawyer David Mwaura Waihiga of the Agano party.
Should IEBC refuse to revoke the nomination of Mr Odinga and his running mate Ms Karua, and later gazzete the said candidates, Dr Aukot has threatened to go to court to quash what he termed ‘illegal’ decision by the commission.
