Aukot wants Raila, Kalonzo & Mudavadi barred from August polls

Thirdway Alliance party leader Ekuru Aukot now wants the courts to disqualify Azimio la Umoja Presidential candidate Raila Odinga from the August Presidential poll.

In a petition before the Constitutional Division of the High Court, Aukot and his party claim that Raila, alongside Wiper leader Kalonzo Musyoka and ANC’s Musalia Mudavadi, has served the country as Prime Minister, Vice President, and Deputy Prime Minister respectively, and are currently enjoying retirement packages courtesy of the said positions.

He says by virtue of the fact that the three enjoy these benefits, they consented that they have retired and have been assigned tasks, “thus making them public officers in every sense of the words.”

“THAT 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),” the party told the court

Aukot says the three enjoy these alongside funds to run a public office and an obligation to serve as advisors to the government and the people of Kenya. As a result, the Thirdway party leader and his chairman Miruru Waweru reiterate that Raila, Kalonzo, and Mudavadi “are public officers since they are obligated to advise the government and the people of Kenya and their remuneration and benefits are payable from the consolidated fund, from money provided by parliament.”

They said every other person serving as a public officer cannot run for an elective position. “In fact, it would be discriminative to restrict all other public servants and allow the 2nd to 4th respondents to be nominated by the 2nd interested party as presidential candidates or presidential running mates,” Waweru told the court

“I do hereby make oath and state…. THAT the defendants have been campaigning across the country assuming that they are qualified to vie for the presidency yet based on the facts I have reproduced herein, they are not qualified to vie,” he said in the affidavit.

He adds that unlike other public officers, who can resign from their positions to run for public office, the privilege granted to Raila, Kalonzo, and Mudavadi does not give them an option to disengage or resign as public officers.

“THAT although the Constitution does not bar retired public officials from seeking elective positions like the president, the Act No. 8 of 2015 under section 8 bestows advisory and consultative obligations to the entitled persons and thus making the beneficiaries and or entitled person, public servants.” He said

“THAT it is of utmost necessity that this court affirms that the obligation to serve as government advisors after the entitled persons have been provided with resources from the consolidated fund to rent offices and other facilities to enable them be able to advise government and the people of Kenya qualifies the entitled person to be public servants as per the definition under articles 260.” he adds