The Orange Democratic Movement (ODM) On Monday appealed against Justice Mativo’s ruling that allowed the inclusion of ThirdWay Alliance presidential candidate, Ekuru Aukot and five other candidates in October 26 elections.
The case was initially filed by Blogger Abraham Mutai alias Lord Mutai through his Lawyer Nelson Havi.
Mutai, withdrew the case on Thursday, 19 October through lawyers Anthony Gitonga and Evans Lagat.
Havi said that his client had been coerced into dropping the case. He claimed that he (Mutai) had received a Sh 7 million bribe from the Jubilee party.
“My client called and told me he had been approached by Jubilee. He also told me his life was in danger if he does not withdraw,” Havi said.
Lawyer Gitonga told the court that Mr Havi refused to be served with a notice indicating that his services were no longer needed.
All parties except Raila Odinga’s lawyer, Jackson Awele were in support of the withdrawal saying that the matter was of ‘public interest.’
Judges Alnasir Visram Wanjiru Karanja and Martha Koome allowed for the case to be withdrawn but ordered the blogger pays the costs.
Parties will meet before the court of appeal at 2.30 pm for further instructions.