8 candidates, new election laws dilemma for IEBC ahead of Oct 26 polls

Kenya for the second time in 2017 will go to the polls for its repeat presidential elections on 26 October according to the electoral commission.

The Independent Electoral and Boundaries Commission (IEBC) on Thursday said all eight presidential candidates who competed in elections on 8 August before the results were nullified will contest again.

In essence, the electoral commission will have to amend its gazette notice issued on September 5 to include them before the repeat polls.

The eight include: Uhuru Kenyatta of Jubilee Party, Raila Odinga of the National Super Alliance Party (NASA),, Cyrus Jirongo of the United Democratic Party (UDP), Ekuru Aukot of Thirdway Alliance, Abduba Dida of the Alliance for Real Change (ARC), and Independent candidates Joseph Nyagah, Michael Wainaina and Japheth Kavinga.

This is as a result of  Justice John Mativo of the Kenyan High Court that presidential candidate Ekuru Aukot be allowed on the ballot.

“I find nothing to bar the petitioner from contesting the fresh election,” said Justice John Mativo.

Justice Mativo further said all the other presidential candidates were also eligible to take part in the repeat presidential election.

In a statement, the IEBC said, “Since all candidates who participated in the last election were entitled to run in the fresh presidential election, the Commission will comply with the direction (of the High Court) to include the names of the other candidates by way of corrigenda.”

However, Raila Odinga and his running mate Kalonzo Musyoka withdrew from the October 26 polls and demanded that electoral commission calls a fresh election.

“We in Nasa are calling for “Uchaguzi Bora” – a credible election. In the interest of the people of Kenya we believe all will be best served by NASA by vacating candidature from 26th October poll,” said Raila.

However, the IEBC said they had not submitted the official form to withdraw from the elections.

The electoral commission said that any candidate who wishes to withdraw from the October 26 election should do so by submitting a duly filled Form 24A.

“The law allows a candidate to withdraw higher candidature by delivering to the Commission a duly filled Form 24A. This Form is provided for by the Elections (General) Regulations. We note that the Rt. Honorable Raila Odinga and his running mate sent a letter dated 10th October 2017 indicating that they had decided to withdraw from the fresh Presidential Election. They, however, have not submitted the statutory Form 24A” the commission said in a statement.

The Supreme Court which nullified the August 8 presidential results ordered that a fresh Presidential election is held within a period of 60 days from the 1st of September 2017.

On the other hand, Election Law amendment bill was passed in Parliament unanimously by Jubilee allied MPs. The bill has been forwarded to the Senate for debate.

If passed and enacted, it will compel a presidential petitioner to prove that the non-compliance with the law affected the outcome of the final results.

I will not hesitate, even for a minute, to sign the new amendments into law once presented to me after debate and approval by parliament. pic.twitter.com/0LZDtPUmtH

— Uhuru Kenyatta (@UKenyatta) October 10, 2017