Ekuru Aukot has already declared that he will be on the ballot when the fresh election is conducted within 60 days. In an interview on NTV on Sunday night, the Thirdway Alliance flag bearer stated that the Supreme Court had ordered a fresh election which meant all candidates who participated in the first round are more than welcome to take part in the second one.
But if Chief Justice David Maraga were to stick to the 2013 Supreme Court definition of a ‘fresh election’, Ekuru will have to wait until 2022.
As it stands, people are still arguing what entails a ‘fresh election’. There are different schools of thought, some saying that only Uhuru and Raila should be on the ballot. Others argue that all candidates who were on the ballot on August 8th will still be, unless any of them decides to withdraw. There are also those who believe that a fresh election means a brand new exercise where anyone who meets the constitutional requirements can be on the ballot, whether they competed the first time or not.
In 2013, the Supreme Court ruled that, “If the petitioner was only one of the candidates, and who had taken the second position in vote-tally to the President-elect, then the “fresh election” will, in law, be confined to the petitioner and the President-elect. All the remaining candidates who did not contest the election of the President-elect, will be assumed to have either conceded defeat, or acquiesced in the results as declared by IEBC; and such candidates may not participate in the “fresh election.”
That scenario undoubtedly describes what has just happened in this petition, and if the Supreme Court is asked to pronounce itself again on this matter, it should in theory stamp on that.
But Maraga’s Supreme Court has so far backpedaled on many 2013 decision, so it will not be a surprise if they alter the definition spelt out by Mutunga’s Supreme Court.
UPDATE: IEBC has now confirmed that only Uhuru-Ruto and Raila-Kalonzo will be on the ballot. This is unless the decision is challenged in court.