The High Court has dismissed a petition seeking to have Azimio La Umoja-One Kenya coalition party presidential candidate Raila Odinga barred from vying for the presidency in the August 9th elections.
The case was filed by Thirdway Alliance party leader Dr. Ekuru Aukot, who argued that being a former Prime Minister, Odinga is a public officer, and hence unqualified to vie for the presidency.
Aukot contended that Odinga, 77, is a beneficiary of the Retirement Benefits (Deputy President and Designated State Officers) Act enacted by Parliament in 2015.
“The Act recognizes the entitled persons and grants them both a generous retirement package and an obligation to serve as advisors to the government and the people of Kenya. The advisory role as stipulated under section 8 of the Act is not optional and the relevant persons are obligated to serve as advisors throughout their lifetime. This privilege is not available even to career civil servants,” Aukot said in court papers.
He added: “It is the considered view of the Petitioners that the said Respondents, are by dint of the said Act of parliament public officers as their benefits are drawn from the consolidated fund as allocated by Parliament and their role is defined under the selfsame piece of legislation.”
Aukot cited the provisions of Section 43(5) of the Elections Act, which requires public officers eyeing elective seats to resign, and Article 137 which bars public officers from contesting for the Presidency.
But in a ruling on Thursday, Justice Anthony Mrima noted that the Retirement Benefits (Deputy President and Designated State Officers) Act never established any such public or state office.
The judge declared that Section 43 (5) of the Elections Act requiring State/Public Officers to retire six months before the elections is not applicable to the designated persons.
Some of these cases should…
Some of these cases should be solved by court clerks not the judge as they are a waste of time and money. That said I would want to know how a person found guilty of stealing Muteshi’s farm can be cleared by Chebukati to run for presidential seat.
Muteshi case was a civil…
Muteshi case was a civil matter. Chebukati would want to deal matters criminal to be able not to clear a candidate. If you followed the case, you would suspect that perhaps Muteshi himself was part of the scheme to extort Ruto by clandestine selling of the land then come back to claim it and a civil lawsuit.
Aukot knew he was Fighting a…
Aukot knew he was Fighting a Battle he was Going to Lose. But he has Had his 15 Minutes of Fame though.
The Court had to let it go…
The Court had to let it go since the whole country will be on flames …”The father of Violence”
This was the wrong petition…
This was the wrong petition.
The petition should have been for Raila publish his Primary school certificate; Raila to produce his High school diploma; and finally for Raila to produce his Degree certificate.
On this front he will hide like he has always done.
Everything hidden will be revealed by someone, something or an event.
What time is it?
Time for revelation and restoration.
Patiently waiting!!