High Court Dismisses a Petition to Block Raila from Presidential Race

The High Court has dismissed a petition seeking to have Azimio La Umoja-One Kenya coalition party presidential candidate Raila Odinga barred from vying for the presidency in the August 9th elections.

The case was filed by Thirdway Alliance party leader Dr. Ekuru Aukot, who argued that being a former Prime Minister, Odinga is a public officer, and hence unqualified to vie for the presidency.

Aukot contended that Odinga, 77, is a beneficiary of the Retirement Benefits (Deputy President and Designated State Officers) Act enacted by Parliament in 2015.

"The Act recognizes the entitled persons and grants them both a generous retirement package and an obligation to serve as advisors to the government and the people of Kenya. The advisory role as stipulated under section 8 of the Act is not optional and the relevant persons are obligated to serve as advisors throughout their lifetime. This privilege is not available even to career civil servants," Aukot said in court papers.

He added: "It is the considered view of the Petitioners that the said Respondents, are by dint of the said Act of parliament public officers as their benefits are drawn from the consolidated fund as allocated by Parliament and their role is defined under the selfsame piece of legislation."

Aukot cited the provisions of Section 43(5) of the Elections Act, which requires public officers eyeing elective seats to resign, and Article 137 which bars public officers from contesting for the Presidency.

But in a ruling on Thursday, Justice Anthony Mrima noted that the Retirement Benefits (Deputy President and Designated State Officers) Act never established any such public or state office.

The judge declared that Section 43 (5) of the Elections Act requiring State/Public Officers to retire six months before the elections is not applicable to the designated persons.