NASA leader Raila Odinga celebrating Supreme Court ruling [Photo/kenya-post.com]
President Uhuru Kenyatta and opposition Chief Raila Odinga could be back to the Supreme Court. This is a possibility if the IEBC and Raila Odinga do not agree on the reforms that NASA is pushing for and Raila’s supporters boycott elections. The polls will not take part in some parts of the country, which invalidates the polls.
Constitutional lawyer Nelson Havi told the Star that a crisis is boiling and another Supreme Court battle will be presented to CJ Maraga. He advised Jubilee to work with NASA so that an election is held on October 26.
“The net effect is that there will be no election. This is perhaps Raila’s most potent constitutional weapon at his disposal,” Havi said.
He stated that there must be elections in all the 290 constituencies for any president to be legally in office.
“If the IEBC goes ahead and declares Uhuru as the winner of that election, all that we need to do is to go to court and say there was no election because the election was not conducted in all the 290 constituencies,” he said.
Constitutional lawyer Kibe Mungai backed Havi and other lawyers who foresee a potential Supreme Court case after October 26.
“From a legal point of view, that is a serious issue, truth be told, if a major party like NASA doesn’t want the election and is out to frustrate it; I think it is very easy and NASA is capable of doing that effectively,” he said.