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NASA Pro-Lawyer,Otiende Amollo Reveals Plan B if Elections are Not Held in 60 Days

In the wake of the Supreme Court’s nullification President Uhuru Kenyatta’s election and ordering of a re-run in 60 days, Kenya could be thrown into a political uncertainty if polls are not held within the stipulated time.

Already NASA has made it clear that it cannot trust the Independent Electoral and Boundaries Commission, IEBC, with a presidential election. This position is buoyed by the Supreme Court’s determination of the presidential poll, itself an indictment on the commission.

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In its majority declaration, the Supreme Court found that the IEBC had “failed, neglected or refused to conduct the Presidential Election in a manner consistent with the dictates of the Constitution and inter alia the Elections Act, Chapter 7 of the Laws of Kenya.”

Although Jubilee and NASA have never agreed on anything since the Supreme Court verdict that ordered fresh polls, its leaders acknowledge that the elections must be held within 60 days.

“If IEBC fails to conduct polls on October 17, it will still have 13 more days to remedy the situation. The date set by the electoral agency is not cast on stone,” said Rarieda MP Otiende Amollo.
Otiende says if Kenyans fail to go to the polls, there will be a constitutional crisis.
“The process is contemplated in the Constitution and it cannot go on indefinitely outside the provisions of the law. If this happens, the legitimacy of the president and the Executive will be in doubt. This will force both parties to negotiate outside the constitution,” he said.
On Wednesday,Judges Njoki Ndung’u and Jackton Ojwang’ gave dissenting declarations while Chief Justice David Maraga, his deputy Philomena Mwilu and Isaac Lenaola gave their full reasons of upholding Raila’s petition.

Judges Smokin Wanjala and Judge Mohamed Ibrahim were absent for unavoidable circumstances.

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