Raila has threatened to pull out of the repeat poll.Photo:BBC.
Possible scenario of what would happen if Raila or Uhuru pulled out of the fresh election
There would be no fresh election should either Uhuru or Raila pull out of the exercise set for October 26 – According to lawyer Wahome Thuku,fresh nominations would be held in case Raila or Uhuru abandon the race midway – The lawyer bases his argument on a 2013 Supreme Court ruling where judges held that if one of the candidates were to die or abandon the election before the scheduled date, fresh nomination of candidates would be done NASA presidential candidate Raila Odinga has said there will be no fresh election unless certain changes take place at the IEBC. While many have been wondering how Raila will ensure the October 26 exercise does not take place, a lawyer has given a possible scenario of what would happen if any candidate pulled out. Controversial lawyer Wahome Thuku says should either Raila or President Uhuru Kenyatta withdrew from the race, then the fresh election would not take place on the set date.
In what he calls a “very wild interpretation” of a 2013 Supreme Court ruling,Wahome says the constitution did not fore see a situation where a candidate would pull out for any reason.
He however argues that the constitution in Article 138(1) provides that where only one candidate is nominated, then he is declared elected.
Wahome says, in this repeat election, there are no nomination of candidates since it’s about the petitioner (Raila) and Uhuru who was one of the respondents. “The only time a possible withdrawal of a presidential candidate in repeat election was addressed was in the 2013 petition by the Supreme Court. The five judges held that if one of the candidates were to die or abandon the election before the scheduled date, fresh nomination of candidates would be done,” says the lawyer.
So if either Raila or Uhuru pulled out on October 24, two days to the fresh poll, then the 60-day requirements for repeat poll to be held as ordered by the Supreme Court in September 2017 would become moot.