October 26 repeat elections will still take place whether NASA Presidential candidate Raila Odinga drops out of the race or not.
According to Regulation 52(1) of the Election (General) Regulations, reveals the Star, a Presidential candidate is required to formally withdraw from the race within three days after nominations.
And since Raila has not formally withdrawn from the race though all indications are clear he may not participate in the polls; he is assumed to be in the race.
The opposition leader is scheduled to leave the country this week for the UK and the US where he has a string of high profile engagements with just 15 days remaining to the elections.
Raila and his brigade have not been campaigning. Instead, they have channeled their energies to calling for street protest to push for reforms at the electoral commission, IEBC.
The ODM boss has severally stated there will be no elections if reforms at the IEBC are not realized.
This statement is the cause of a probe ordered against him and his running mate Kalonzo Musyoka by the Director of Public Prosecution Keriako Tobiko.
NASA CEO Norman Magaya is on record stating in a tweet last week that there will be elections.
“You can’t take over the electoral commission in every aspect and chest thump why an election must be held on 26:10:17. There will be no election,” said Magaya.
In the fresh elections ordered by the Supreme Court, after nullification of August 8 polls, Uhuru and Raila and the only Presidential candidates.
As such, if Raila does not partake in the repeat polls, IEBC will announce Uhuru as the dully elected winner.
“If at the close of nominations for a presidential election, only one candidate is validly nominated, the Commission shall publish a notice in the Gazette showing the name of the candidate so nominated and stating that the presidential election shall not be held, and the Commission shall declare the candidate elected as President in Form 14,” states regulation 21 as further quoted by the Star.
Article 138 (1) of the Constitution further anticipates that in the case of a single Presidential candidate, he would be declared the winner.
Jubilee hit the campaign trail on September 1 when the Supreme Court Judges nullified August 8 polls.
Yesterday (Monday) the President while on a Jubilee campaign tour in coast region dared Raila Odinga to boycott the polls.
“Kenyans are tired and want to move forward. If you do not want elections, step aside so the country can move forward.”
On the other hand, NASA has launched a heightened anti-IEBC protest that the opposition boss said will now happen thrice a week and not twice a week.
Raila since the nullification of the polls maintained that if his 12 irreducible minimums were not met, there will be no election; “no reforms, no elections.”
Raila has managed to keep Kenyans guessing on if he will take part in the repeat polls.