Despite the fact the NASA co-principal and flag-bearer Raila Odinga’s withdrawal from the Presidential elections of 26th October, the Supreme court ruling has indicated that he was part one of the candidates and therefore took part in the elections. This is because Odinga did not withdraw officially from the race after failing to fill Form 24A as directed by the Independent Electoral and Boundaries Commission.
Judge Smokin Wanjala during his ruling stated that ensuing fresh elections could conducted according to three scenarios given in the constitution situation like if a candidate(s) who participated in a previous election dies, and added that withdrawal of one candidate from the electoral contest wasn’t one of them, concluding that NASA’s pull out couldn’t dictate or guarantee a fresh election. “Our immediate question, therefore, is: did the Nasa candidate withdraw from the October 26 electoral contest?” Justice Wanjala asked. Mr Odinga had not only made a public pronouncement on his withdrawal, but also written a letter to IEBC.
According to the Supreme Court judges said that while his public announcement and letter to the electoral commission was legal, within his rights and substantive, there was no way the elections it had ordered to be repeated could have been postponed. Raila therefore was part of the elections no wonder even his name was in the ballot. Thus the 26th October elections was credible and met the constitutional threshold thus upheld and Uhuru won as president.
Raila who withdrew from the Presidential elections of 26th October cited that the polls won’t be free, fair and credible. He said they had withdrawn from the race because the Independent Electoral and Boundaries Commission had stonewalled all meaningful deliberations aimed at realizing the conditions for fair and free election by “creating an illusion of motion without movement and showing no intention of responding to its concerns as articulated in its irreducible minimums for its participation in the poll.
“On its part, the Jubilee administration’s proposed amendment to the election laws demonstrates that it has no intention of competition on a level playing field. The only election Jubilee administration is interested in is one that it must win, even unlawfully”, He added. To them, their intention was IEBC to cancel and prepare for fresh elections. “Our withdrawal from the election requires the IEBC to cancel the election and to conduct fresh nominations”, Odinga said.
The judges added that the regulation was not applicable in the current case because nominations had been conducted in May 2017 and it was not among the issues that led to the nullification of the August 8 presidential poll. To the NASA fraternity this was however a tactical blunder that denied Raila Odinga a chance to be president.