The High Court has ordered the electoral agency to include Thirdway Alliance presidential candidate Ekuru Aukot be included in the October 26 repeat election.

Justice John Mativo directed the Independent Electoral and Boundaries Commission to amend a gazette notice it had issued on presidential candidates to contest in the repeat election to include Mr Aukot's name. Aukot polled less than 1 percent in presidential elections in August, on the ballot in the event of a re-run.

Despite the withdrawal of top opposition candidate Raila Odinga over allegations of bias, President Uhuru Kenyatta may still have a challenger on Oct. 26, when the re-run is scheduled. I find nothing to bar the petitioner from contesting the fresh election, said Mativo.

Mr Odinga on Tuesday announced that his running mate Kalonzo Musyoka will also not take part in the repeat election.

After deliberating on our position in respect of the upcoming election, considering the interests of the people of Kenya, the region and the world at large, we believe that all will be best served by Nasa vacating its presidential candidature in the election scheduled for 26 October 2017," said Mr Odinga.

All indications are that the election scheduled for 26 October will be worse than the previous one, he said.

He took a swipe at President Uhuru Kenyatta-led Jubilee Party for pushing for election laws changes saying the move shows that it had no intention of competition on a level playing field.

On his side Kenyatta says he is ok with Raila Odingas withdrawal from the repeat presidential election.

The National Super Alliance (Nasa) leader exercised his democratic right to withdraw from the repeat poll, Mr Kenyatta said on Tuesday.

Mr Kenyatta said while Mr Odinga has a right to pull out of the election, he should know that Kenyans have a right to choose their leaders.

He termed Mr Odingas withdrawal as injustice, saying more than Sh12 billion has been spent to prepare for the repeat poll.