Court dismisses case seeking to block trio from presidential ballot
The High Court yesterday dismissed a petition which sought to bar Azimio presidential candidate Raila Odinga, Wiper leader Kalonzo Musyoka and ANC’s Musalia Mudavadi from running in the August General Election on grounds that they are public officers.
Justice Antony Mrima ruled that the three were not public officers as argued by Thirdway Alliance Kenya party leader Ekuru Aukot.
Aukot had argued that the three are beneficiaries of the Retirement Benefits Act enacted by Parliament in 2015 and are therefore unqualified to vie for the presidency. He argued that the Act recognises the entitled persons and grants them a retirement package and to serve as advisors to the government.
The judge, however, dismissed the argument ruling that the Retirement Benefits Act never established any such Public or State Office. “Entitled persons are neither Public nor State Officers as contemplated under the Constitution…Section 43 (5) of the Elections Act requiring State/Public Officers to retire six months before the elections is inapplicable to the designated persons,” ruled the Judge.
Raila had argued that the petition was based on mere suspicion rather than actual violation of the law.