NASA presidential candidate Raila Odinga (R) with his running mate Kalonzo Musyoka and Moses Wetangula at the Supreme Court. [PHOTO/the-star.co.ke]

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There is a likelihood that only two people will be on the ballot in the repeat elections ordered by the Supreme Court.

With the other candidates having conceded or even joined hands with either NASA or Jubilee, the election is set to have only President Uhuru Kenyatta and NASA leader Raila Odinga.

According to legal experts, only Uhuru and Raila shall be on the ballot if a ruling earlier made in 2013  is followed.

However, it is not clear whether Ekuru Aukot and Wainaina will contest after they were enjoined in the case as petitioners.

When a petition is brought by one among the candidates as Raila did, the Supreme Court ruled that the fresh poll shall be between the petitioner filing the case and the president-elect whose election has been nullified.

"If the petitioner was only one of the candidates, and who had taken the second position in vote-tally to the President-elect, then the “fresh election” will, in law, be confined to the petitioner and the President-elect. And all the remaining candidates who did not contest the election of the President-elect, will be assumed to have either conceded defeat or acquiesced in the results as declared by IEBC; and such candidates may not participate in the “fresh election," ruled the Supreme Court.

A second stance of the court, however, is that all  the candidates in the nullified election return to the ballot.

According to the earlier judgment, the judges said that should they have invalidated the 2013 election after the petition was filed by several petitioners, then the only candidates in the fresh poll would be all the petitioners as well as the President-elect whose election had been nullified.

"All the remaining candidates who did not contest the election of the President-elect will be assumed to have either conceded defeat or acquiesced in the results as declared by IEBC; and such candidates may not participate in the “fresh election”," the Supreme Court judges said.

With this, therefore, Aukot and Wainaina could join President Uhuru Kenyatta and Raila Odinga at their wish.