MY LEGAL PREDICTION
SCORK MAY TECHNICALLY POSTPONE THE FRESH ELECTIONS TOMORROW
It is a legal and or procedural possibility that the SCORK may not be able to hear and determine the Petition No. 17 of 2017 – KHELEF KHALIFA & 2 OTHERS VS. THE CHAIRPERSON OF INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION & ANOTHER – tomorrow.
Parties were asked to file and exchange submissions in readiness for the hearing tomorrow as from 10.00 am.
Should the Petition not be knocked out on a technicality (by dismissing it without being heard on merit), and the parties proceed to argue their respective cases, the judges may adjourn and retire to evaluate and consider the rival positions as presented by the counsel for the three (3) petitioners, and the respondents.
This evaluation of the evidence and material in support of the rival positions may mean that the elections may be stayed pending the determination as a failure so to postpone the elections may render the petition nugatory.
Needless to add, even if the petition were to be heard and determined tomorrow, one of the possible outcomes is that the petition succeeds and the elections postponed for a further ninety (90) days as prayed by the petitioners.
GOD bless Kenya!