[Opposition leader Raila Odinga in a past event. Lawyer Nelson Havi says should he boycott elections, Supreme Court could yet again nullify the outcome. Photo/Nation]
The Supreme Court could be forced to nullify presidential repeat poll scheduled later this month should opposition leader Raila Odinga boycott, observes lawyer Nelson Havi.
In their majority ruling, four Supreme Court judges nullified President Uhuru Kenyatta’s victory on ground that IEBC failed to follow the law when conducting August polls.
But with Odinga issuing a host of demands before the polls, Havi says IEBC could suffer the same fate if opposition challenges the outcome of October polls.
“In the event opposition boycotts elections, chances are that the outcome will be nullified by the Supreme Court should opposition challenge.
“It means that most of constituencies will not have returns in compliance with article 138(2) of the constitution and this alone can warrant nullification,” he further says.
Among the issues opposition wants fixed is revocation of printing contract that was awarded to Al Ghurair and evacuation of commission’s chief executive Ezra Chiloba.
Despite numerous meetings with stakeholders, IEBC is yet to succumb to pressure from the opposition team.