The National Super Alliance boss Raila Odinga could return to the Supreme Court seeking direction on October 26 repeat polls.
Raila insists that if the IEBC holds polls on the 26th, it will be in breach of the law.
He argues that since he withdrew from the race on Tuesday, IEBC can now call for fresh nominations and hold polls within the next 90 days.
This is a point he made clear during an interview with Reuters in London where he has been since Wednesday.
“If it [IEBC] goes ahead it is not an election, it is a selection. This must be done right in the interest of electoral democracy in our country,” said Raila.
He added: “As far as we are concerned, the elections are cancelled and we expect that the IEBC will return to the process of nominations shortly.”
He cited a Supreme Court ruling in 2013 stating that “if a presidential election is nullified, the election commission will hold a ballot in which the president-elect and the petitioner are the only candidates.”
And since he has withdrawn from the race, IEBC should hold fresh polls within the next 90 days.
“That law also goes on to say that if one of the candidates dies or pulls out, the election commission is obligated to carry out fresh nominations. That is where we are right now,” he further told Reuters.
“What we are demanding is that the electoral commission should respect the Supreme Court and carry out elections in accordance with the ruling,” the NASA leader said. “If need be we will go for clarification.”
However, his plan seems scuttled following a ruling on Wednesday by the High Court allowing Thirdaway Alliance Presidential candidate Dr Ekuru Aukot to also participate in the repeat polls.
The ruling by Justice John Mativo also opened a new window for other five Presidential candidates who participated in the bungled August 8 polls.
They include Alliance for Real Change Presidential candidate Abduba Dida, Independent candidates Joseph Kavinga, Japeth Kaluyu, Prof Michael Wainana and Joe Nyaga.
On Friday, IEBC Commissioner Dr Roselyn Akombe said the commission has instituted radical changes in readiness to deliver credible polls.
She said that in light if the High Court ruling, Presidential ballot papers will be printed by end of this week.
She also said IEBC will conduct the polls on October 26.
The question remains if Raila will or will not run in the polls.
Ina separate interview while still in London, he told Citizen TV that as far as he is concerned, there will be no polls.
He also said he will not sign any Form 24A to formally withdraw from the race.
IEBC Chair Wafula Chenukatui insists that Raila is in the race since he has not signed Form 24A.
Earlier, the British government had expressed its concern with his stand stating that it was causing political turmoil in the country.