Presidential rerun: You can also join State House race — lawyers

Friday September 01 2017

Mr Raila Odinga celebrates his win together with other Nasa leaders at the Supreme Court on September 1, 2017. NYT has taken back its criticism. PHOTO | FILE | NATION MEDIA GROUP


The decision by the Supreme Court to annul the outcome of the August 8 presidential poll has plunged the country back into the electioneering mood, which must end in the next 60 days.

In a majority decision, the court ruled that President Uhuru Kenyatta was not validly re-elected and ordered that a fresh election be held in the next 60 days, which should be November 1.


However, two judges gave a dissenting suggesting that the evidence adduced by Mr Odinga was not sufficient to annul the will of the people as demonstrated on august 8.

So what happens?

Contrary to popular opinion, the next election, as ordered by the court, will not be limited to the two front-runners, President Uhuru Kenyatta and Mr Raila Odinga.


There have been claims that the order of the court suggests that Kenya will have a presidential run-off pitting President Uhuru Kenyatta against Mr Odinga.

Lawyer Stephen Mwenesi told the Nation that the order pursuant to article 140 of the Constitution has opened the door for a fresh poll that will include even those who never contested on August 8.


“It means that all those Kenyans who have interest in the presidential seat have an opportunity to contest for the presidency in the next 60 days,” Mr Mwenesi said.

However, whether the country will have an election on November 1 hangs in the balance as Nasa, led by Mr Odinga and Mr Kalonzo Musyoka, has already ruled out the current team at IEBC presiding over the election.

“After the decision of the court, it is important that there is a deep look  in the conduct of the commission and its commissioners,” Mr Musyoka said.

“We have no faith in them and they cannot conduct another election.”


The two leaders were supported by the leader of the Thirdway Alliance Ekuru Aukot.

“In accordance with the order, IEBC must open the presidential race to all Kenyans,” he told the Nation at the Supreme Court soon after the ruling.

So all Kenyans, who have harboured the interest of ruling the country have another chance.