Opinion / Commentaries
Wednesday, 11 Oct 2017 14:17 EAT
The law as it was yesterday, at the point of our withdrawal was that if a candidate, any candidate, withdraws from the election, the election must be cancelled. The election was legally cancelled yesterday at 4pm when IEBC chairman Wafula Chebukati received our notification. As at 4.01pm yesterday there was no election to include Aukot in, save for the fresh one which we expect IEBC to arrange, starting with nominations of presidential candidates.
Secondly, the matter of what happens where a candidate withdraws in a fresh election following nullification of a presidential election was not a matter before court in the Aukot case. Which means the position in the 2013 case is still law.
Third, the 2013 decision was unanimous, meaning it was the position of at least four of the current judges of the Supreme Court. Should IEBC deviate from their directions in 2013 we will be back before those same people to witness what legal gymnastics they employ to depart from their 2013 position.
Lastly, the main reason for withdrawal was that the Election of 26th was to be a sham, pre-rigged excercise and we were not going to clothe it with legitimacy by taking part. For as long as things remain the same at IEBC we will never go into such presidential election.
The writer is an Advocate of the High Court, Law Society of Kenya Council member and a member of ODM party.