The High Court has dismissed a case filed by Thirdway Alliance party leader Dr. Ekuru Aukot seeking to bar Azimio la Umoja One Kenya chief Raila Odinga from vying for the presidency in the August General Election.
Aukot, in the case, argued that Odinga is a beneficiary of the Retirement Benefits (Deputy President and Designated State Officers) Act enacted by Parliament in 2015.
According to Aukot, Odinga – being former Prime Minister – is a public officer hence is unqualified to vie for the presidency.
Justice Anthony Mrima ruled that The Retirement Benefits (Deputy President and Designated State Officers) Act never established any such Public or State Office.
Justice Mrima added that Section 43 (5) of the Elections Act requiring State/Public Officers to retire six months before the elections is inapplicable to the designated persons.