IEBC chairman, Wafula Chebukati, at a past event [Photo/citizentv.co.ke]
Issues on interpretation of the constitution have been raised following a press statement issued by Independent Electoral and Boundaries Commission (IEBC), declaring that a fresh election be held on October 17, 2017.
In the statement sent to media houses on Monday, September 4, IEBC has set the date in adherence to the sixty day limit set by Article 140 (3) of the Constitution.
This follows a ruling made by the Supreme Court on September 1, which annulled the August 8 in which President Uhuru Kenyatta was seeking re-election.
The court, led by Chief Justice Maraga, ordered a fresh election be held within the set limit of sixty days.
The commission has declared that only the top two candidates, Uhuru Kenyatta and Raila Odinga, will be on the ballot, a move that has angered some members of the political divide.
The constitution of Kenya stipulates the rules revolving around a fresh election as compared to those of a run-off in Articles 138 and Article 140.
For the conditions of a run-off to be met, if no candidate is elected, “a fresh election shall be held within thirty days after the previous election and in that fresh election the only candidates shall be the candidate, or the candidates, who received the greatest number of votes; and the candidate, or the candidates, who received the second greatest number of votes.”
Article 138 (5) states that if more than one candidate receives the greatest number of votes, all candidates will be included in the fresh election.
Thirdway Alliance presidential candidate, Ekuru Aukot, has promised to challenge the decision by the IEBC to exclude the other presidential candidates in court.