NASA pulled out of the race with the view that fresh elections would be organized within 90 days based on the 2013 Supreme Court judgement.
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The only time a possible withdrawal of a presidential candidate in repeat election was addressed was in the 2013 petition ruling former CJ Willy Mutunga.
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.
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“The law up to Tuesday was that if a presidential candidate withdraws from the race, then a fresh nomination ensues… Any subsequent activity done after the withdrawal is irrelevant and inconsequential,” Lawyer Otiende Amollo said.
Whether NASA will go back to the Supreme court for further interpretation of the law or continue with their stance of “there will be no elections” on 26th October ,is to be seen in the coming days.
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