A voter has moved to the Court of Appeal challenging Justice John Mativo’s interpretation of the 2013 Supreme Court ruling that cleared Thirdway Alliance candidate Dr. Ekuru Aukot to be allowed to contest in the repeat presidential election slated for October 26.

Mr Abraham Mutai, through his lawyer Nelson Havi moved to the Court of Appeal on Friday morning seeking an injunction pending the determination of his appeal.

Ekuru-Aukot

Dr. Ekuru Aukot./Ghettoradio

In his case Mutai stated: “We are challenging Justice Mativo’s interpretation of the 2013 Supreme Court ruling. We believe the contest should be limited to the petitioner and the winner of the nullified election.”

Mutai confirmed that his case was being processed and that he would receive a date for the hearing later in the day.

Justice Mativo, while delivering his ruling on Wednesday, stated that Obiter Dictum-(remarks made by a judge that are not necessary to reaching a decision, but are made as illustrations, thoughts or comments) is not legally binding while making reference to the Willy Mutunga Supreme Court decision of 2013.