NASA Presidential candidate Raila Odinga at the Bomas of Kenya October 3, 2017 before a meeting with IEBC commissioners. [The Star]
Jubilee Party has adopted a 'one-stone-to-kill-two-birds' approach to avert a constitutional crisis and legitimise a second term for President Uhuru Kenyatta should NASA leader Raila Odinga make good his threat to boycott the repeat polls.
First, and perhaps most controversial, is through the Election Laws (Amendment) Bill2017, which will force Raila to put it in writing if he wants to withdraw from the race.
"Where there are more than two remaining candidates in the election after the withdrawal, the election shall proceed as scheduled. Where only one candidate remains after the withdrawal, the remaining candidate shall be declared elected forthwith as president-elect without any election being held," reads the amendment.
According to the Star, fears that Raila could silently withdraw from the repeat presidential election to delegitimise the whole process and deny Uhuru the global legitimacy to rule, is what have thrown Jubilee spanners in the works.
Finally, Jubilee has moved to court through Pokot South MP David Pkosing, to compel Raila to participate in the presidential rerun.
If Raila does not withdraw formally but maintains his no election threat, then the MP wants this declared an act of treason punishable by death.
Jubilee is concerned that Raila may mobilise his supporters to disrupt the election in some areas to deny the polls the requisite constitutional threshold, the paper adds.
The Constitution requires that a presidential election must be conducted in each constituency.