He argues that the petition filed by Thirdway Alliance Kenya party leader Ekuru Aukot is premature as it is based on mere suspicion rather than an actual violation of the law.
“The petition is defective both in form and in substance and is therefore unmerited and brought in bad faith, ” reads court papers.
In the case, Aukot is seeking to have Raila Odinga, Wiper Party leader Kalonzo Musyoka and ANC's Musalia Mudavadi barred from contesting in the upcoming August General Election on grounds that they 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.
In a preliminary objection, Odinga says that the court is being invited to embark on an academic exercise which is "a waste of precious judicial time."
He argues that the petition is incurably defective as the petitioners have not pleaded or adduced any evidence in support of the allegations on the payment of any monies to them or appointment of any such accountants as alleged.
“A retired public officer is not a public officer. The Public Service Commission, therefore, has no jurisdiction over the entitled persons,” argues Odinga.
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.
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