RAILA ODINGA WITHDRAWS HIS CANDIDATURE

RAILA ODINGA WITHDRAWS HIS CANDIDATURE.
What befalls Kenya Elections and Future!!!!
Author: Rukundo B. Ibrahim (C.E.O, Dir. LS)
Rt. Hon. Raila Odinga the Kenya’s stronghold opposition leader from National Super Alliance (NASA) announced his withdraw from a Kenya’s Presidential elections rerun that the Electoral body (IEBC) had scheduled for 26th October, 2017. This comes after Raila Odinga Petitioned the Supreme Court of Kenya successfully challenging the illegalities, electoral malpractices & other electoral offences that JUBILEE PARTY Candidate, H.E Uhuru Kenyatta & IEBC has occasioned during the August elections.
Hon. Odinga withdraws on the account that unless the C.E.O of IEBC Mr. Ezra Chiloba (who accirding to Odinga mishandled the August elections) Resigns & to make substantial changes in the whole IEBC leadership.
HIGH COURT RULING.
This comes after Mr.Ekuru Auko of Underway Alliance Party went to the High Court of Kenya to challenge what he referred to as ‘Impunity of IEBC’ which intended to exclude him & other candidates from a rerun. Justice Amoko ordered that all Candidates should be allowed to re-contest.
THE LAW ON WITHDRAW, WHAT HAPPENS!!
The possibility of a Presidential candidate withdrawing from the elections was not contemplated by the Kenyan Constitution [Article 140(3)] in case the supreme Court nullifies the elections.
Legal Quandary.
Whereas the Supreme court in 2013 ruled that if one presidential candidate dies or abandons the elections before the scheduled date, a FRESH NOMINATION & ELECTION OF CANDIDATES WOULD BE DONE (by IEBC which ideal Odinga had in mind, a fresh free & fair elections, The Cabinated two days back passed a controversial “THE ELECTION LAWS (AMENDMENT) BILL, 2017 (now ACT) which is to the effect that upon withdraw of a Presidential candidate, if one candidate remains then she or he shall be declared WINNER.
Section 10 of the Act reads, verbatim;
Section 86 of the Elections Act, 2011 is amended by inserting Section 86(A).
Section 86(A) reads:
(3) ” The commission shall not conduct FRESH nominatios for a FRESH elections pursuant to Article 140(3) of the Constitution (Art. 140(3) calls for a fresh elections in case the supreme court nullifies the elections).
(4) An eligible Candidate pursuant to Art. 140(3) of the Constitution may withdraw from the elections by a notice in writing to the commission, and-
(a)……..
(b) where only one candidate remains after the withdraw, the REMAINING CANDIDATE SHALL BE DECLARED ELECTED FORTHWITH AS THE PRESIDENT ELECT WITHOUT ANY FURTHER ELECTIONS BEING HELD.
This simply means that Uhuru Kenyatta would be declared a sole winner without going through elections.
However, as we noted above, Justice John Mativo ordered that Hon. Ekuru Auko & other candidates should be included on the ballot.
This also means that Uhuru may run with the rest of the candidates minus Odinga (which practically gives Uhuru Kenyatta a smooth and landslide victory).
WOULD Raila Odinga (NASA) ALLOW TO MISS OR THEY WOULD DO ANYTHING TO FAIL THE INAUGURATION OF KENYATTA OR THE ELECTIONS MINUS HIM!!!?
As JCU we pray for peace (Amani) to prevail despite the worrying factions.

2 Comments

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