Opposition leader Raila Odinga. [Photo/Daily Nation]
NASA presidential candidate Raila Odinga has repeatedly spoken of boycotting the October 17, repeat polls if changes are not affected in the IEBC top brass on claims that CEO Ezra Chiloba and other senior officials bungled the August 8 polls hence not deserving to be on the team.
Many have been questioning would the Odinga boycott mean that IEBC will automatically declare Uhuru Kenyatta the president unopposed.
However, according to Article 138(4) of the Constitution, a candidate can only be declared elected if he receives more than half of all the votes cast in the election and at least gets 25 percent of the votes in more than half of the counties.
The Article means that if the two factors are not met then a repeat poll should be conducted within 30 days
“Suppose, however, that the candidates, or a candidate who took part in the original election, dies or abandons the electoral quest before the scheduled date: then the provisions of Article 138(1) (b) would become applicable, with fresh nominations ensuing,” the judges held.
If the IEBC were to go by this finding, it could open the gate for other to take part in the fresh election even if Nasa boycotts. This also means if Odinga boycotts ODM will be given a chance by IEBC to nominate another candidate, lawyer Danstan Omari said.
“The law currently in operation is the Mutunga law until we get the (David) Maraga ruling. If Raila boycotts, ODM will be given another chance to nominate a candidate," said Omari.