Thirdway Alliance presidential candidate Ekuru Aukot now wants the High Court to suspend the printing of ballot papers to be used in the repeat presidential election on October 26.
In his quest to have his name on the ballot in the fresh polls, Dr Aukot filed a suit at the High Court in Nairobi on Friday.
He claims since the August 8 presidential election was nullified following a successful petition by Nasa leader Raila Odinga, it would be unfair to lock him out of the fresh contest.
Through lawyer Elias Mutuma, he has faulted the Independent Electoral and Boundaries Commission (IEBC) for unlawfully gazetting Mr Uhuru Kenyatta and Mr Odinga as the only candidates for the repeat poll.
He has termed the decision contained in the September 5 gazette notice as “malicious and discriminative”.
“IEBC and Mr Chebukati, in breach of rules of natural justice and without due regard to the law, have failed to gazette Dr Aukot as a presidential candidate despite him having been duly nominated as a presidential candidate in the August 8 polls just like the two,” said Mr Mutuma.
He added: “unless this matter is heard and determined urgently, Dr Aukot and his voters are likely to suffer injustice and irreparable loss having been unlawfully excluded.”
According to Dr Aukot, the August 8 presidential election was declared invalid, null and void hence it is discriminatory to only have Mr Kenyatta and Mr Odinga as the only contenders.
In the case documents, he argues that his political rights will be violated if the gazette notice is implemented.
He sued the IEBC, Mr Chebukati, Jubilee Party and the Orange Democratic Party.
The Supreme Court declined to handle his case when he first filed it and directed him to go to the High Court.
He, therefore, wants the court to stop the IEBC and Mr Chebukati from printing presidential ballot papers related to the fresh election.