[Wafula Chebukti in a past event. He could be forced to call off October elections out of technicalities. Photo/Nation]
Constitutional lawyer Moseti Moseti says Kenya can still avoid an impending constitutional crisis should IEBC boss, Wafula Chebukati use Supreme Court ruling and the constitution.
With a looming crisis, both NASA and Jubilee bigwigs have refused to drop their conditions ahead of the October polls.
But Moseti says IEBC can reschedule the polls if Odinga pulls out in protest, a move that could sabotage elections in his strongholds.
“The ultimate goal is that we are rushing against time. If he boycotts, many regions could not have returns and that contravenes article 138 (2).
“To avoid the crisis, IEBC can immediately reschedule elections to a later date should Odinga boycott. That is well spelt in Paragraph 90 of the Supreme Court ruling,” he further states.
In the ruling, the judges observed that the commissioners could still reschedule an election should any of the candidates bolt out of the race, a move that would pave way for fresh nominations.
But should Odinga quit in writing, IEBC could still pronounce Uhuru Kenyatta as winner if there is no other candidate in the race.