EXPLAINED:WHAT RAILA WITHDRAWAL MEANS TO KENYA AND ITS IMPACT

EXPLAINED:WHAT RAILA WITHDRAWAL MEANS TO KENYA AND ITS IMPACT

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EZRA CHILOBA AND WAFULA CHEBUKATI

National Super Alliance flag-bearer Raila Odinga has withdrawn from the October 26 repeat presidential election. Here is the impact of raila odinga withdrawal

LEGAL ARGUMENT OF RAILA

1. refer to supreme court 2013 ruling that explains in case a candidate dies or withdrawals from race, the elections elections will be called off and fresh nominations conducted.

2. Even if elections were held on 26th in other parts but fail in any of constituency in Kenya, all the elections results are null and void according to constitution.

3. After 60 days which end 31st October if elections wouldn’t have been held, then Uhuru loses powers as president and care taker government formed until fresh elections are held.

4. They are not withdrawing but mean there will be no elections.

IEBC ARGUMENT

1. Raila has withdrawn his candidature past the stipulated timeline – The names have been already gazetted.Therefore he cannot withdrawal now.

2. The constitution clearly states a Presidential election must be held within 60 days after the annulment by Supreme Court

3. Where there are only two nominated candidates and one candidate withdraws, theĀ  remaining candidate shall be declared duly elected in accordance with regulation 53.

THE WAY FORWARD FOR IEBC

IEBC is going to move court for interpretation of this laws in the next few days

 

 

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