[President Uhuru Kenyatta in a past event. Lawyer Moseti Moseti says he is in a fix over a critical constitutional article. Photo/Nation]
President Uhuru Kenyatta’s calls to have Ex – Prime Minister Raila Odinga participate in the October elections could be guided by the provisions of the constitution, says Moseti Moseti.
Without significant reforms in IEBC, NASA has insisted, the opposition leader will have no option other than boycotting the elections.
And Moseti says article 138(2) could be holding Uhuru and might force him to dialogue with Odinga and IEBC over elections.
“Article 138 dictates that elections are held in every constituency and that there must be viable returns during the Election Day.
“If opposition boycotts, then it would be difficult for the commission to hold elections in regions perceived to be their strongholds,” he says.
Should the opposition boycott, he says, the outcome could be easily invalidated yet again by the Supreme Court should the opposition file a petition in compliance with the aforementioned article.
Already, protesters allied to NASA are come out across the country to express their displeasure on delayed implementation of certain specifics the opposition team had demanded.