Yesterday, IEBC announced that a fresh election will be held on October 17. This was perhaps guided by worries expressed by Education Cabinet Secretary Fred Matiang’i, that national exams and the school timetable would be affected greatly if the elections were held past that date.
In a press statement signed by chairman Wafula Chebukati, IEBC also announced that the fresh election will only have Uhuru and Raila plus their running mates on the ballot. This means all other candidate that had competed in the first round, namely: Ekuru Akuot, Abduba Dida, Joseph Nyaga, Japheth Kavinga, Shakhalaga Jirongo and Michael Wainaina, will not be on the ballot.
This, as expected, did not go down well with many people who understood ‘fresh election’ to mean that everyone who was in the first round can still compete in the second round.
Leading the onslaught against IEBC on Twitter was, unsurprisingly, Thirdway Alliance candidate Ekuru Aukot. He had earlier stated categorically that he would be on the ballot, and the move by IEBC might have come as a surprise to him.
”Decision by @IEBCKenya to lock other presidential candidates out of #FreshElections is INVALID ILLEGAL, NULL & VOID We Are headed to Court,” Ekuru started his tweet/retweet storm.
Decision by @IEBCKenya to lock other presidential candidates out of #FreshElections is INVALID ILLEGAL, NULL & VOID We Are headed to Court
— #FreshElections! (@EAukot) September 4, 2017
Now it is clear why @IEBCKenya has legal challenges from the CHAIRMAN, CEO AND THE LEGAL DEPARTMENT. They simply can't read the law
— #FreshElections! (@EAukot) September 4, 2017
Can you imagine @wchebukati is supposed to be at level of Supreme Court judge but won't understand two simple paragraphs of 2013 decision https://t.co/Lnz2nY6y7J
— #FreshElections! (@EAukot) September 4, 2017
Also joining in to castigate IEBC was Miguna Miguna.
”ANOTHER FRAUD: A FRESH PRESIDENTIAL ELECTION TRIGGERS a petition while A RE-RUN set by the @IEBCKenya denies anyone RIGGED OUT that right.” he tweeted.
ANOTHER FRAUD: A FRESH PRESIDENTIAL ELECTION TRIGGERS a petition while A RE-RUN set by the @IEBCKenya denies anyone RIGGED OUT that right.
— Dr. Miguna Miguna (@MigunaMiguna) September 4, 2017
And they were not the only ones.
In limiting Candidates for the fresh Presidential Elections to Uhuru Kenyatta & Raila Odinga, IEBC common sense isn't Unconstitutional.
— Donald B Kipkorir (@DonaldBKipkorir) September 4, 2017
A fresh election in 60 days under Art 140,unlike a run off in 30 days under 138( 5) should include Dr Ekuru, Dida & any other person .
— Sen Mutula KilonzoJR (@SenMutula) September 4, 2017
IEBC is effectively holding a run-off, not fresh elections as ordered #ElectionsKE
— FERDINAND OMONDI (@FerdyOmondi) September 4, 2017
Run off? Thought court nullified whole election and ordered fresh polls? Murkomen consulting for IEBC clearly.
— Kenya West© (@KinyanBoy) September 4, 2017
#UhuruVsRaila2 The Supreme Court ordered for fresh polls, IEBC has decided to do the opposite!
— Otiende Amollo (@OtiendeAmolo) September 4, 2017
I thought Supreme Court ordered for fresh elections. Why is IEBC dictating on who will be on the ballot?
— Vincent (@VinceChepkwony) September 4, 2017
@EAukot should file a case against iebc. This is contrary to what fresh elections mean. pic.twitter.com/zaovL5Ocwt
— Collins Java (@CollinsJava) September 4, 2017
This is not a RERUN but FRESH ELECTION, as in a REPEAT. Dr Ekuru has a valid point.Meanwhile another L for IEBC awaits!
— Elvis (@Elvo_L) September 4, 2017
IEBC should conduct a FRESH presidential election NOT a re-run. Third Way Alliance and co are allowed to field candidates. @IEBCKenya
— Jairo Nyamwanga (@jnyamwanga) September 4, 2017
But what is the Supreme Court’s position?
Until the comprehensive ruling is provided, Chief Justice Maraga did not give clear directions here. So IEBC relied on the 2013 Supreme Court definition.
The Mutunga led court clearly defined the meaning of ‘fresh election’ in this context.
“If the petitioner was only one of the candidates, and who had taken the second position in vote-tally to the President-elect, then the “fresh election” will, in law, be confined to the petitioner and the President-elect. All the remaining candidates who did not contest the election of the President-elect, will be assumed to have either conceded defeat, or acquiesced in the results as declared by IEBC; and such candidates may not participate in the “fresh election.”
So, either most of these lawyers commenting have not read this ruling, or there is something else coming.
Ⓒ 2014 Nairobi Wire
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