The High Court has ordered the electoral agency to include Thirdway Alliance presidential candidate Ekuru Aukot be included in the October 26 repeat election.
Justice John Mativo directed the Independent Electoral and Boundaries Commission to amend a gazette notice it had issued on presidential candidates to contest in the repeat election to include Mr Aukot's name.
In his judgment, the judge ruled that Mr Aukot was party to the petition challenging President Uhuru Kenyatta’s election, as an interested party.
The judge said he sees no reason why the petitioner should not be included in the election.
He said the election is not a run off but a fresh election, saying the former refers to competition between two leading candidates.
The judge ruled that excluding Mr Aukot from the repeat election is a violation of his rights.
Dr Aukot’s lawyer objected to the request saying it would further prejudice his client’s candidature.
Addressing journalists after the ruling, the Thirdway Alliance presidential candidate lauded the court decision, saying it was wrong for the electoral agency to leave him out.
He said there were still concerns on some issues on the repeat election that the IEBC needs to address before conducting the fresh election.
He said the party will hold a National Executive Committee meeting following the decision.
In his case, Dr Aukot had said he has a direct, legitimate and inalienable constitutional right to participate in the fresh presidential election, having been a contender in the last polls.
He said the gazette notice, which was published by IEBC announcing the fresh election date and the candidates, was discriminatory and unconstitutional.