Both the IEBC and Jubilee’s Uhuru Kenyatta have cast their eyes on the final ruling of whether Thirdway Alliance Presidential candidate Dr Ekuru Aukot will determine whether there will be elections on October 26.

The landmark determination set for announcement few hours Wednesday morning by High Court Justice John Mativo’s will be key in the final decision by Wafula Chebukati led IEBC.

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Dr Aukot went to court after the Independent Electoral and Boundaries Commission gazetted President Uhuru Kenyatta and Raila Odinga and their running mates, as the only persons eligible for the repeat poll.

Mr Wafula Chebukati through a gazette notice, based on the 2013 election petition judgement, published only two names of presidential candidate - Raila Odinga and Uhuru Kenyatta - who were purportedly to take part in the repeat polls ordered by the Supreme Court.

Dr Aukot will know the fate later on Wednesday after he sought the interpretation of the meaning “fresh elections” as ordered by the court under article 140(3). He had first moved to the Supreme Court by Chief Justice David Maraga directed him to file the case before the High Court.

Dr Aukot, in his submission earlier, argued that the Supreme Court having invalidated the August 8 presidential vote, anyone who contested the August 8 poll, is eligible to vie in the repeat poll.

“The simple meaning of the Supreme Court decision is that there was no election and anyone who participated on August 8 presidential election has a right to vie,” he said.

He added: “I believe that my political right and that of my constituents as enshrined in the Constitution are threatened, violated and infringed [on] by the decision of IEBC and Chebukati to exclude me in the fresh election without lawful justification."

Meanwhile, embattled Nasa presidential candidate Raila Odinga has expressed fears that Dr Aukot may not be allowed on the ballot as the High Court "is highly likely to follow Supreme Court's decision, which is suprerior."

Mr Odinga spoke on Wednesday morning on Radio Jambo from his Karen home in Nairobi.

Earlier, Mr Kenyatta had opposed the inclusion of Dr Aukot while Mr Odinga supported the Thirdway Alliance leader, but as things stand, he may be forced to reconsider his stand.