WHAT MAY BE NASA’S SECRET WHEN THEY SAY THERE WILL BE NO ELECTIONS -The Supreme Court ruling in the RAILA Presidential Petition of 2013 that is still binding MAY COME BACK TO HAUNT THE NATION specifically Jubilee, here is How and Why:
The Supreme Court in Raila Odinga & 5 Others versus Independent Electoral and Boundaries Commission & 3 Others 2013 [2013] eKLR (now more commonly referred to as Raila 2013), the Supreme Court held inter alia that:
“[290] Suppose, however, that the candidates, or a candidate who took part in the original election, dies or abandons the electoral quest before the scheduled date: then the provisions of Article 138(1) (b) would become applicable, with fresh nominations ensuing.”
It is my understanding going by the foregoing bit of the decision in Raila 2013 therefore, that if and should at least one of the candidates, – either President Uhuru KENYATTA or former Prime Minister Raila ODINGA (each of whom took part in the 8th August Presidential Elections) – decides to abandon the election (which seemingly is the import of NASA’s threat), the IEBC shall be bound to start the whole process afresh right from nominations.
The IEBC (through its Chairperson) already expressly relied on Raila 2013 to exclude other candidates including Ekuru AUKOT from the fresh polls.
The IEBC and or the Chairperson may now be estopped from departing from the part of the decision in the paragraph above.
Meanwhile Jubilee may cause a ruling to be made that will compel IEBC to allow Ekuru Aukot and other contestants , if this happens then Raila withdraw from the October 26th poll will only mean Jubilee will have no legitimacy,BUT THEN AGAIN, who really cares about legitimacy? Kenya politics is all about Power
