Wafula Chebukati in a past event. Economist Stella Omari says he committed a grave mistake by failing to conduct elections in some parts of the country. [Photo | Nation]

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The decision by IEBC chairman Wafula Chebukati to abandon planned presidential repeat elections in certain regions could prove costly in Supreme Court, says Stella Omari.

At their Bomas pronouncement, IEBC through Consolata Nkatha said IEBC abandoned the plan after 'widely' consulting stakeholders.

"We shall not conduct elections in the four counties because the insecurity in the region is evident. Further, the outcome cannot tilt the figures we so far have," she said.

Following riots in the regions, IEBC postponed the exercise to Saturday 28 before suspending it indefinitely after calls from local and civil society leaders.

But economist Omari says the move may lead to serious legal challenges that could lead to nullification.

"The bottom line is that IEBC never attempted to deliver voting materials to any of those regions and that is a mistake Chebukati will regret forever," she says.

Omari adds: " For article 138(2) of the constitution to spare him, he would have at least shown that he tried to conduct polls. In my view, Supreme Court will assume that elections were not conducted at all, which contravenes the spirit of the constitution."

Among the regions affected include 25 constituencies in Migori, Kisumu, Siaya and Homabay counties.

Although the opposition team has not given its immediate plans, chances are that the outcome could be challenged in Supreme Court.