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Why Raila Decided To Withdraw from Poll a day Before High Court Ruling on Auko’s case

Raila Odinga’s dramatic decision to pull out of Presidential race- a day before the High Court ruling in favor of Akuru Aukot’s petition to be included in the repeat poll-was revealed yesterday by NASA lawyers during a presser.

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.

ALSO READ:Panic as IEBC Ordered To Move Out of Anniversary Towers With Immediate Effect [Letter]
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.

Lawyers Otiende Amollo, Nelson Havi and Norman Magaya therefore argued that the High Court ruling by Justice John Mativo had no impact on Opposition leader Raila Odinga’s withdrawal from the October 26 poll.

ALSO READ:Ahmednasir Kicked out of Uhuru’s Legal Team.Mutula Jr Immediately reveal Surprising Details

According to NASA lawyers the ruling was not legally binding since it was made after their withdrawal decision.
“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.
IEBC has gone ahead with preparations to the October 26th poll,and have included Odinga’s name on the ballot since,according to them,he has not filled the Form 24A to formally communicate the withdrawal of his candidature as provided for by the Elections (General) Regulations.

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.

kenyanwiki

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