BY NT CORRESPONDENT.
Third Way Alliance Ekuru Aukot wants cases questioning Uhuru Kenyatta’s election dismissed.
Dr Aukot filed a preliminary objection saying that the case filed by activist Okiya Omtatah is not in the right court.
He claims that the Supreme Court has no jurisdiction to hear and determine the petition as currently framed and instituted.
“The petition offends the mandatory provisions of the supreme court Act, the supreme court rules and the Supreme Court (presidential Elections Petitions) Rules 2017 hence the same is untenable and liable to striking out,” argues Dr Aukot.
Through his lawyer Elius Mutuma, Aukot claims that if Omtata was dissatisfied with the election he ought to have moved the court properly in accordance with the supreme court which he has not done.
He asked the court to dismiss the petition.
Dr Aukot says that Kenyans were not unlawfully or unjustifiably denied the right to participate in the election process so that they can claim that their rights were arbitrarily infringed upon by the respondents as to warrant a cause of action against them.
