Nairobi — Thirdway Alliance party leader Ekuru Aukot is now pushing for the resignation of Independent Electoral and Boundaries Commission (IEBC) Chairman Wafula Chebukati for failing to clear him and other candidates based on "unconstitutional regulations".
With 34 days to the General Election, Aukot says Chebukati failed to interpret and uphold the law correctly in the presidential nomination exercise in which he was locked out for failing to present signatures.
Justice Anthony Mrima declared Regulation 18 2C of the Elections Act unconstitutional even though it was the basis of the nomination process.
"While we advised the Chairman through a letter dated June 5, 2022, that Regulation 18 2C was unconstitutional and ought to be discarded, the chairman was unable to interpret the law correctly and proceeded," said Aukot.
Aukot faulted Chebukati for "unconstitutionally amending article 137(1)(d) in the presidential nomination process which he termed as subjective and predetermined."
The Thirdway Alliance Party Leader now wants the ongoing preparation for the presidential race quashed and the nomination exercise of presidential candidate started afresh.
"The unconstitutional presidential nominations of Raila Odinga, William Ruto, George Wajackoya, and Mwaure Waihiga be immediately quashed and the presidential ballot printing be shelved until a proper nomination exercise is carried out," Aukot stated.
According to Aukot, Chebukati is unfit to oversee the 2022 general election having presided over the 2017 polls that was nullified by the Supreme Court which he says resulted to loss of taxpayers' money.
"It is not tenable to allow such an incompetent individual like Wafula Chebukati to oversee this year's general elections. This country has no shortage of competent and upright people and the said Wafula must exit the IEBC now!"he stated.
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Aukot, who contested in the 2017 presidential election, in his case argued that the Commission failed to give him an opportunity to remedy some of the areas that the Commission purportedly determined as having not met the threshold.
He argued that the Commission gave other candidates more time to comply with the requirements which they lacked but the Commission failed to grant Thirdway Alliance the same.
"This clearly reinforces the Complainants' conviction that the Chebukati, had a predetermined outcome that clearly shows his bias and discrimination," Aukot said as he pleaded with the tribunal to set aside Chebukati's decision until his complaint is fully heard and determined.
While rejecting Aukot's bid, the Commission among other things noted that some of the Complainant's supporters' signatures did not meet the required threshold, that the Presidential Candidate's degree certificate was not certified, that they did not present copies of IDs of their supporters and that the Banker's Cheque for payment of required fees was incorrectly addressed.
Aukot is among 51 candidates who failed to meet the threshold set by the electoral commission.
