Nairobi lawyer Miguna Miguna has asked the National Super Alliance (NASA) to go back to the Supreme Court to bar the Independent Electoral and Boundaries Commision (IEBC) from conducting fresh elections on October 26.
According to Miguna, the decision taken by IEBC on Wednesday to allow all the candidates who were in the August 8 annulled elections in the forthcoming polls is against the law.
Speaking during an interview on NTV, the lawyer added that NASA leader Raila Odinga's withdrawal from the election meant the fresh polls cannot happen.
[caption caption="Miguna Miguna"]
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"IEBC is a crime scene. This is not even a legal question, it is a question of common sense," stated Miguna when asked whether the election should be held on October 26.
IEBC through a statement issued on Wednesday stated that a repeat presidential election would continue as planned on October 26 and all eight candidates who participated in August 8 poll will be included on the ballot.
The decision came after High Court Justice John Mativo delivered a verdict that all candidates who participated as candidates in the General Election held on the 8th August 2017 were entitled to participate as candidates in the fresh Presidential Election.
The Commission, however, noted that it cannot compel a candidate to participate in an election.
"The law allows a candidate to withdraw his/her candidature by delivering to the Commission a duly filled Form 24A.
"This Form is provided for by the Elections (General) Regulations. National Super Alliance (NASA) leader Raila Odinga and his running mate Kalonzo Musyoka had sent a letter to IEBC on Tuesday (October 10) indicating that they had decided to withdraw from the fresh Presidential Election," read the statement in part.
According to IEBC, by Wednesday evening, Odinga was yet to submit Form 24A supporting his decision to withdraw from the fresh presidential election as required by law.
“They, however, have not submitted the statutory Form 24A. Once the Commission receives the requisite notice from any of the candidates, it will process the same in accordance with the requisite provision of the Law,” read the IEBC statement.
[caption caption="IEBC Commissioners"]
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