Shock as a case is filed to stop Raila from vying for presidential seat in August


Raila Amolo Odinga, the party leader Azimio la Umoja, is one of the presidential candidates in Kenya in the forthcoming general elections. However, things may not go well with him as Dr Ekuru Aukot has filed a petition to stop his candidature in the August polls. Why stop Raila from vying?

stop Raila from vying SRC: @Tuko
Former Prime Minister Raila Amolo Odinga SRC: @Tuko

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Petition filed to stop Raila from vying in August

In his argument, Third Thirdway Alliance Party Leader Dr Ekuru stated that the former Prime Minister is a state officer and should have resigned from office before announcing his presidential bid. He also said that the same should apply to the party leader Wiper, Kalonzo Musyoka and Amani National Congress (ANC) leader, Musalia Mudavadi who are still working as state officers.

Dr. Ekuru Aukot SRC: @Twitter
Dr. Ekuru Aukot SRC: @Twitter

In his petition, the presidential aspirant stated that the three politicians are earning from the government, thus making them state officers.

Dr Ekuru’s argument

Dr Ekuru argued that the constitution clearly states that one should resign from office before announcing his political interest. In his petition he stated, “It follows therefore that the provisions of Section 43(5) of Elections Act, 2011 which demands that public officers resign and Article 137 which bars public officers from contesting for the Presidency operate to render the 2nd -4th Respondents unqualified to vie for the Presidency.”

What does the Constitution say?

Another part of the petition read, “The 2nd, 3rd, and 4th respondents do not, therefore, qualify to be presidential candidates by dint of the provisions of Section 8 of the Act No. 8 of 2015 -Retirement Benefits (Deputy President And Designated State Officers) Act and Article 137(2).”

Kalonzo and Mudavadi SRC: @Kenyans.co.
Kalonzo and Mudavadi SRC: @Kenyans.co.

According to Ekuru, letting the three into August elections is against the law, citing his argument from Elections Act of 2011.

“Rubber-stamping the unlawful conflict of interest that the three embody by being active politicians yet enjoying perks reserved for retired public servants.”

He further asked the High Court to act on the matter with urgency as IEBC had directed all public servants interested in the August polls to resign by February 9.

“It is extremely necessary that this court urgently determines this Petition since the electoral timelines have already been published and the concerned Respondents May be Cleared or elected.”

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