The High Court has thrown out a petition by Thirdway Alliance party leader Ekuru Aukot seeking to compel the Independent Elections and Boundaries Commission chairman Wafula Chebukati to clear him to contest for the Presidency.
Justice Hedwig Ong’undi struck out the case following a finding that the court has no powers to deal with the dispute.
“It is my finding that this court jurisdiction has been invoked wrongly as a consequence the court must down its tools at this juncture. From the circumstances of this case the IEBC objections dated July 12 and 13,2022 are merited and allowed. The petition and application are struck out with the cost,” Justice Ong’undi ruled.
The orders come after the electoral commission raised objections against the suit.
The court upheld the electoral body’s argument that the suit should have been filed at the judicial review division instead of the constitution and Human Rights Division.
Aukot was challenging the decision of the IEBC Dispute Resolution committee to uphold Wafula Chebukati’s decision to disqualify him from the presidential contest.
More to follow….
