President Uhuru Kenyatta. [Photo/plive.co.ke]
NASA leader Raila Odinga has taken many by surprise after he declared that he will not be taking part in the October 26 repeat polls sighting claims that there is no level playing field.
According to advocate Danson Omari, President Uhuru Kenyatta will continue to enjoy temporal incumbency powers given that the Constitution states that until he is sworn in then and only then can he only assume full powers.
"Uhuru can only hand over power to himself if he wins or to another who defeated him. Based on the Constitution Uhuru started enjoying temporal powers on August 8, when Kenyans went to the ballot," said Omari.
Omari also adviced that the only hope now lies in the Supreme Court ruling of 2013, where former Chief Justice Willy Mutunga and his team stated that in the event a presidential candidate pulls out of the race in a repeat poll then fresh elections should be held.
The lawyer also said Odinga's move to quit the race is just one way of trying to force Jubilee Party to come back to the table and address their irreducible minimums.
Finally, the lawyer stated that the next move by Jubilee will be going back to court to seek an interpretation of the law on Raila's latest move and he also claimed that Jubilee leaders will also come up with a political answer on the matter.