What The Election Laws Says Whenever a Candidate Withdraws from Poll Race

Raila Odinga has withdrawn from the October 26 presidential race and demanded that IEBC calls a fresh election.

The decision is in Kenya’s interest and is “a win-win for everyone”, the NASA leader said on Tuesday.

The former Prime Minister said it is only through his withdrawal that the country will have a free and fair election as per the law.

ALSO READ:Full Statement By Raila Odinga After Withdrawing From Presidential Race

However,according to the Constitution,the Opposition leader’s withdrawal had already been overtaken by time as he was to do it within three days of being gazetted.

Here is what the laws that govern elections say in case a candidate withdraws his/her candidature;

1. A candidate who has been nominated may withdraw his or her candidature by delivering to the respective returning officer a notice to that effect in Form 24A not later than THREE days after nomination.

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

NOTE:

-Raila has withdrawn his candidature past the stipulated timeline.

-ODM has not yet formally written to IEBC on Raila’s withdrawal from poll. So far it is just a Press Statement.

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

MEANING:26th October poll is still on and if ODM writes to IEBC on Raila’s withdrawal,there will only be one candidate on the ballot -President Uhuru Muigai Kenyatta.

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