Drama as blogger withdraws appeal against Ekuru Aukot

Abraham Kiplagat Mutai, a blogger who had challenged the inclusion of Ekuru Aukot in the repeat presidential poll, has withdrawn his case.

But before the withdrawal on Thursday, there was controversy after two law firms fought over his representation at the Court of Appeal in Nairobi.


Lawyer Nelson Havi, who filed the appeal, had told judges Alnashir Visram, Wanjiru Karanja and Martha Koome that he was still acting on behalf of Mr Mutai and was ready to proceed.

But lawyers Anthony Gitonga and Evans Lagat shot up and claimed they had instructions to represent Mr Mutai and withdraw the appeal.

This saw Mr Havi sensationally claim that the Jubilee Party, which benefited from Mr Aukot’s case after Nasa leader Raila Odinga’s pulled out of the election, had coerced him to withdraw the case.

Mr Havi alleged that Jubilee had promised Mr Mutai Sh7 million if he withdrew the case.


But President Kenyatta’s party, through lawyer Tom Macharia, termed Mr Havi’s allegations as “buffoonery and playing to the gallery”.

The judges later ruled that Mr Gitonga and Mr Lagat were on record for Mr Mutai.

Immediately the court made the ruling, Mr Gitonga said he had been instructed to withdraw the case.

All other parties, save for Nasa through Jackson Awele, were not opposed to the withdrawal.

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Written by Daily Nation

The Nation Media Group (NMG) founded by His Highness the Aga Khan in 1959 has become the largest independent media house in East and Central Africa. It has been quoted on the Nairobi Stock Exchange since the early 1970s.

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