Raila Odinga in a past rally. Constitutional lawyer Kibe Mungai says he holds key to political future of the country. Photo/Nation]
Constitutional lawyer Kibe Mungai says both Supreme Court rulings of 2013 and 2017 gives Raila Odinga powers to determine the fate of Kenya’s political future.
Already, NASA has given preconditions which IEBC must fulfill for him to be part of elections, a move that puts the commission at a political quagmire.
Should the IEBC stick to the 2013 ruling as they already have, then a boycott by Odinga would lead to a constitutional crisis.
“The 2013 ruling says a fresh presidential election will be between Uhuru Kenyatta and Odinga and the two won’t be submitted to nominations,” he says adding that if any of them misses, it will lead to a constitutional crisis.
He adds;”If we follow the ruling of 2017, then a fresh election means all participants of nullified elections must be part of it. The decision taken by IEBC can be challenged in court by Odinga.”
Thirdway Alliance candidate Ekuru Aokot has already gone to court to challenge the decision by IEBC to expunge his name from the list of contestants.
Ultimately, Mungai contends that to have a smooth election, both wrangling parties ought to dialogue to prevent a foreseeable constitutional crisis.