[Supreme Court of Kenya in a past session. Should IEBC fail to conduct elections in all constituencies, Lawyer Ogeto says the outcome could be annulled by the court. Photo/Nation]
A serious legal battle will emerge in the apex court should electoral body IEBC fail to conduct elections in some regions at the former Nyanza province, observes lawyer Victor Ogeto.
With preliminary results showing a landslide victory for President Uhuru Kenyatta in a vote that opposition leader Raila Odinga bolted out, Chairman Wafula Chebukati could yet again have tough decisions to make.
"Article 138(2) of the constitution dictates that elections should be held in all 290 constituencies and failure to that, it will amount to an illegality," he says.
Due to perceived danger subjected to electoral officials, the commission postponed elections in four counties (Siaya, Migori,Kisumu, Homabay) indefinitely after resistance from local leaders.
Additionally, Ogeto says, IEBC must ensure ballot papers are delivered to all the polling stations regardless of violence in those regions.
"If they fail to deliver ballot papers to those regions even if there will be zero returns, the elections stands a high chance of being nullified by Supreme Court."
Although it is not yet clear what the commission will do to prevail the challenges, it is however predictable that elections may not take place at all in the region.
Interestingly, Odinga has already ruled out another Supreme Court battle, insisting that he will resort to civil disorder to push for an election in 90 days.