NASA has insisted that the electoral commission could not carry on with arrangements for the October 26 repeat presidential election. This comes a day after the Independent Electoral and Boundaries Commission (IEBC) announced it would acknowledge into the contest eight candidates who took part in the annulled August 8 poll following a successful petition by Thirdway Alliance candidate Ekuru Aukot.
Attorneys Otiende Amollo, Nelson Havi and Norman Magaya questioned why IEBC had opened the door to the rest apart from Dr Aukot. They argued the High Court ruling by Justice John Mativo had no blow on Opposition leader Raila Odinga’s pull out from the October 26 poll. According to Mr. Amollo, the MP for Rarieda, Raila’s withdrawal snuffed out the 60-day period within which the repeat presidential poll should be held. “The law up to Tuesday was that if a presidential candidate pulls out from the contest, then a new nomination follows… Any consequent activity done after the withdrawal is unrelated and insignificant,” he said. IEBC said Raila had not filled Form 24A to officially communicate the withdrawal of his candidature as provided for by the Elections (General) Regulations.
Senate Leader of Majority Kipchumba Murkomen said it was duplicitous of the Opposition to receive portions of court rulings like the order to recall Aukot while dismissing those that were counter to their positions. Mr. Murkomen said although Jubilee Party was opposed to the participation of Aukot, it would nonetheless respect the court’s verdict and had no concerns with the addition of the other six candidates. “We are supporting the court order even though we were in that case and lost. This two-facedness must stop. NASA cannot go to court and win then begin opposing,” Murkomen said, pointing out that NASA was party to the proceedings and supported Aukot’s court case
NASA argued that the instant Raila withdrew from the race; a fresh nomination should have followed immediately, with a fresh election after 90 days. NASA has cited the 2013 Supreme Court advisory to dispute their case that a new presidential election contemplated under the circumstances given the withdrawal of Raila is one that necessitates fresh nominations.