[President Uhuru Kenyatta in a past event. Lawyer Nelson Havi says his victory could still face serious legal issues. Photo/Nation]
City lawyer Nelson Havi says President Uhuru Kenyatta's impending victory could still suffer the same Supreme Court fate should it be challenged in Supreme Court.
Despite outcry from the opposition, IEBC proceeded with the election even though chairman Wafula Chebukati had admitted that he will not deliver credible elections.
And Havi says the failure by the commission to conduct elections in some areas in the country and subsequent controversial appointment of Returning Officers could be challenged.
"The constitution is very clear that elections must be conducted in all constituencies but seemingly, a good number of constituencies may not conduct the polls," he said.
He further said:" Even if you assume article 138(2) is ignored, then the issue of controversial appointment of Returning Officers will resurface."
Moments to Thursday's poll however, Appeals Court temporarily suspended High Court's ealier decision that declared appointment of ROs illegal.
He further says the issue of turnout and posting of returns in constituencies that did not participate in voting can be challenged in court.