Raila Odinga has withdrawn from the October 26 presidential race and demanded that IEBC calls a fresh election.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.
But IEBC told The Star the Opposition leader’s withdrawal had already been overtaken by time as he was to do it within three days of being gazetted.
It also comes a day after President Uhuru Kenyatta dared the ODM leader to quit the race and allow the country to move on.
However, Raila says that in 2013, the Supreme Court expanded the meaning of Article 138(8) (b) to include withdrawal of a presidential candidate.
“The Supreme Court clarified that the relevant article is 138 (8) (b) which deals with cancellation of a presidential election, in the event of the death of the president or the deputy, on or before the scheduled date. The Supreme Court expanded the clause to include when a candidate withdraws from the presidential election,” Raila said.
“The implication of this provision is that upon our withdrawal, the election scheduled for October 26 stands cancelled.”
Raila said his withdrawal requires the commission chaired by Wafula Chebukati to conduct fresh nominations as provided for in Elections Act 2011, Section 13 (1).
The provision states: “A political party shall nominate its candidates for an election under this act at least ninety days before a general election under this Act in accordance with its constitution rules.”
Fresh nominations will allow other candidates, such as Thirdway Alliance leader Ekuru Aukot, to join the race.