President Uhuru Kenyatta. [nation.co.ke]
It is now clear that the only hurdle between President Uhuru Kenyatta and another five-year term is a Supreme Court verdict on petitions filed against that prospect.
Unlike in the case that culminated in the annulment of his victory, this time around the dynamics are different and may very well play into Kenyatta's hands.
Those dynamics will inform the arguments that Kenyatta's legal team make at the apex court to convince the judges to uphold his 0ctober 26 victory.
The following are the two main legal arguments that may just save Kenyatta's presidency
1. Raila Odinga did not legally withdraw from the presidential race: Kenyatta's legal team will argue that Mr. Odinga did not append his signature on the requisite form. This is a point that IEBC made when they decided to include Odinga's name on the ballot.
2. The boycott of an election by one party does not invalidate an election: This is an argument that is also very likely to be made. Kenya does not make participation in an election mandatory as happens in other democracies. Participation is voluntary.