The National Super Alliance (NASA) has a trick up their sleeves that they plan on using if their plan to eject IEBC Chief Executive Officer Ezra Chiloba from office fails.
Article 138(2), on Presidential Elections, states that if two or more candidates are nominated, an election shall be held in each constituency.
Therefore, according to legal experts, NASA can block elections from being carried out in constituencies within their strongholds, thereby rendering the entire Presidential election null and void.
Speaking to German TV Station Deutsche Welle on Saturday, NASA Candidate Raila Odinga stated: "There will be no election because if Kenyans won't take part, it will probably be conducted in one or two regions and not all the regions of Kenya. Therefore, it will not be an election for the entire Republic of Kenya."
An election has to be held in all 290 constituencies for it to be considered valid. NASA has enough muscle in Coast, Nyanza, Western, Lower Eastern, Turkana and parts of Maasailand to block the election from happening in a number of constituencies.
The Raila Odinga-led coalition has accused Mr Chiloba of being the mastermind of electoral fraud in the botched August 8th polls.
At a rally in Kamukunji yesterday, the NASA Presidential candidate announced plans to evict Chiloba from office through street protests at Anniversary Towers if he does not step aside by himself.
If these efforts fail, blocking the elections in some constituencies will be a constitutional last resort for NASA.
The Director of Public Prosecutions (DPP) Keriako Tobiko on Saturday ordered a probe into officials of the electoral body to establish if any of them was culpable for the irregularities and illegalities that led to the nullification of the August polls.
Tobiko gave Directorate of Criminal Investigations (DCI) chief Ndegwa Muhoro and Ethics and Anti-Corruption Commission (EACC) Chief Executive Halaqhe Waqo 21 days to report back to him with their findings.
