HIGH COURT (MATIVO, J) DIRECTS THE IEBC TO INCLUDE CANDIDATE EKURU AUKOT IN THE FRESH ELECTIONS – WHAT NEXT
NASA relied on Raila Odinga & 5 Others versus Independent Electoral and Boundaries Commission & 3 Others [2013] eKLR (now more commonly referred to as Raila 2013) as the basis of candidate RAILA ODINGA withdrawing from the 26th October polls.
The now (in-)famous paragraph with the SCORK’s corrections reads as follows:
“[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(8) (b) would become applicable, with FRESH NOMINATIONS ensuing.”
A plain reading of that paragraph helps to answer the following questions:
1. How many candidates were eligible to run in the fresh elections after the High Court’s directions this morning?
THREE: Candidate Uhuru KENYATTA, Candidate Raila ODINGA and Candidate Ekuru AUKOT.
2. Did all the three (3) candidates take part in the original election?
YES. ALL
3. What was the scheduled date?
26TH OCTOBER 2017
4. Has any of the candidates died or ABANDONED the electoral quest before the scheduled date?
YES. Candidate Raila ODINGA withdrew and in effect ABSCONDED his quest.
As such, Paragraph 290 of RAILA 2013 is still applicable and FRESH NOMINATIONS should ensue as per that decision.
DISCLAIMER: THIS IS A LEGAL OPINION AND NOTA POLITICAL ONE.
