Ekuru Aukot, the leader of the Thirdway Alliance Party wants the court to bar Azimio la Umoja Presidential Candidate Raila Odinga from running in the 2022 election.Â
Aukot argued in his petition that Odinga is a public servant under Article 260 of the constitution because they receive consolidated fund retirement benefits.
In his petition, the Thirdway Alliance leader also requests that Wiper Leader Kalonzo Musyoka and his Amani National Congress (ANC) counterpart be barred from running for president or vice president.
Aukot and Miruru Waweru argued that because Parliament passed the Retirement Benefits (Deputy President and Designated State Officers) Act in 2015, the trio are lifetime public servants entitled to retirement benefits.
As a result, the two stated in their petition that they are not allowed to resign as public employees six months before the election.
“Unlike other public servants who can resign from their positions to run for public office,” the petition stated, “this privilege granted to the entitled persons does not allow them to disengage or resign as public officers.”
The petitioners are pleading with the court to issue an urgent injunction prohibiting the Independent Electoral and Boundaries Commission (IEBC) from approving Musyoka, Odinga, and Mudavadi as presidential and deputy presidential candidates.
Odinga is regarded as a public servant, having served as Kenya’s Prime Minister from 2008 to 2013, as well as the Orange Democratic Movement’s Party Leader.
Musyoka, on the other hand, is the current Party Leader of the Wiper Democratic Movement and the presidential flag bearer of Wiper. He served as vice president from 2008 to 2013.
Mudavadi is a former Vice President, the Amani National Congress’s Party Leader, and the ANC’s presidential flag bearer.
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