[Supreme Court of Kenya on session. Fred Ngatia, a lawyer to Uhuru Kenyatta reportedly agreed with the withdrawal of Raila Odinga from the race. Photo/Nation]
Fred Ngatia, Uhuru Kenyatta's attorney, agreed that opposition leader Raila Odinga's unprecedented withdrawal from presidential polls would have led to fresh nominations.
Seemingly guided by 2013 Supreme Court opinion that cited withdrawal of candidature, Odinga called for nomination, a move that was opposed by IEBC and Uhuru's team.
"I hereby resign from presidential race and we call for fresh elections in three month's time," said Odinga in a press conference.
But IEBC disputed the move adding that the law required Odinga to sign Form 24A, which however, lawyer James Orengo dismissed.
But during the Thursday's Supreme Court hearing, Ngatia seemingly supported Odinga's stand, a move that could further twist Monday's ruling.
"My Lords, fresh nominations ought to have ensued had it not been Ekuru Aukot's late inclusion," he said when asked by Chief Justice David Maraga.
Ngatia further said: "That means fresh nomination would have taken place cancelling the immediate election as gazetted by IEBC."
Despite Odinga's withdrawal, IEBC proceeded with elections even as the opposition team dismissed the date.
On Monday, Supreme Court judges will make a tough decision with regard to validity of Uhuru's victory in presidential repeat poll.