[Raila Odinga in a past event. He might frustrate voting in his strongholds to stage another petition. Photo/Nation]
Opposition leader Raila Odinga will now be forced to frustrate elections in his strongholds, a move that could lead to another legal battle in court, says Gideon Mamboleo.
Despite bowing out of the race, Odinga has maintained that he will continue pushing for reforms in IEBC with analysts saying that he may end up in court to stop October 26th polls.
And article 138(2) would be the main point of focus according to Mamboleo, adding that failure for IEBC to conduct elections in all constituencies, the results will still stand nullified.
“He has no option other than ensuring voting does not take place in his strongholds. This will bring the question of legality,” he says.
He further adds:” This will make the Supreme Court to still annul elections in the event there is a petition. The article can be invoked in such a manner it’s a detriment to IEBC.”
Alternatively, he says, NASA can still implore explanation by the Supreme Court on interpretation of paragraph 290 of 2013 ruling.
In the judgment, judges said elections should be called afresh should one of runners in the election die or abandon polls.