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Wednesday 11 October 2017

Nasa finds refuge under 2013 court verdict

And to withdraw from the race, the candidate has to inform the IEBC in writing; which he did.
IEBC chairman Wafula Chebukati said the commission received a letter of withdrawal from Mr Odinga, and that they will review the matter.
In the amendments, the Jubilee legal team included a provision that will have President Kenyatta announced the winner should he remain alone in the repeat presidential race. 
In fact, they branded the proposed law as the “Raila Exclusion Bill”.
SOLUTION
On September 6, Mr Chebukati gazetted the date for the repeat election as October 17, with President Kenyatta and Mr Odinga as the only candidates. 
This meant that should Mr Odinga, who had insisted that Nasa was not to participate in the election without the reforms it was pushing for, pull out, President Kenyatta would have had his way.
It was then that Mr Odinga and his co-principals instructed their legal teams to find a way out of the trap without handing the advantage to his political rivals. 
Sources said Nasa sought a way out and finally found refuge in the 2013 Supreme Court ruling that expanded Section 138(8) of the Constitution to include a provision that a presidential election stands cancelled and a new one should be held if a candidate withdraws from the race.

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