In a petition filed in court, Aukot argues that Odinga, Kalonzo and Mudavadi being former prime minister and vice presidents respectively are public officers and are therefore unqualified to vie for the Presidency.
Aukot submits that the three are beneficiaries 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,” reads the petition.
“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.”
The petition further reads: “It follows therefore that the provisions of Section 43(5) of Elections Act, 2011 which demands that Public Officers resign and Article 137 which bars public officers from contesting for the Presidency operates to render the 2nd -4th Respondents unqualified to vie for the Presidency.”
The Thirdway Alliance Kenya leader wants the court to direct the electoral body IEBC not to clear Odinga, Kalonzo and Mudavadi to vie for the Presidency or the position of Deputy President.
He says should IEBC clear the three to contest in the upcoming polls, the commission will be “rubber-stamping the unlawful conflict of interest that the three embody by being active politicians yet enjoying perks reserved for retired public servants.”
“It is EXTREMELY necessary that this court URGENTLY determines this Petition since the electoral timelines have already been published and the concerned Respondents May be Cleared or elected,” reads the petition.