• Latest
  • Trending
  • All
  • News
  • Business
  • Politics
  • Lifestyle
Raila election boycott: What next for Kenya?

Raila election boycott: What next for Kenya?

October 11, 2017
Uganda not yet blacklisted over financial crimes, says FIA

Uganda not yet blacklisted over financial crimes, says FIA

May 28, 2022
Cellulant recognised for excellence in delivering embedded fintech solutions in Africa

Cellulant recognised for excellence in delivering embedded fintech solutions in Africa

May 28, 2022
Ugandan Family Physician dies in chaotic hit and run accident in Nakawa as she reports for duty

Ugandan Family Physician dies in chaotic hit and run accident in Nakawa as she reports for duty

May 28, 2022
 Current Ugandan laws not effective in ending HIV,  says new report

 Current Ugandan laws not effective in ending HIV, says new report

May 28, 2022
Graduation ceremonies in Uganda today are fashion shows…

Graduation ceremonies in Uganda today are fashion shows…

May 28, 2022
Garage48, Innovation Village to connect innovators and tech-enabled start-ups across EAC

Garage48, Innovation Village to connect innovators and tech-enabled start-ups across EAC

May 28, 2022

As friends, you can ‘chew’ each other without strings attached

May 28, 2022
Prisons officers to be trained in handling, rehabilitating domestic violence offenders

Ever increasing  cases of domestic violence a cause for worry, says government

May 28, 2022
Gov’t calls for proper utilisation of resources allocated at Uganda Railway Corporation

Gov’t calls for proper utilisation of resources allocated at Uganda Railway Corporation

May 28, 2022
You have three days to return to work or be dismissed- Gov’t tells striking nurses

You have three days to return to work or be dismissed- Gov’t tells striking nurses

May 28, 2022
Logo
  • News
    • Business
    • 2021 Elections Watch
      • The Election Podcast
    • Exclusive
    • Investigations
  • Politics
  • Education
  • Security
    • Cyber Security
  • Health
    • Coronavirus outbreak
  • Opinions
    • Columns
      • Parting Shot
      • Two Sides of a Coin
      • Bazanye’s Quick Shots
      • Mable Twegumye Zake’s #BitsOfMe&You
      • But this Year!
      • What Did I Miss?
  • Lifestyle
    • Hatmahz Kitchen
    • Food Hub
    • Let’s Talk About Sex
    • Entertainment
    • Tour & Travel
    • Love Therapist
    • Homes
  • Global
    • Africa
    • Asia
    • Middle East
    • Europe
    • The Americas
  • East Africa
    • Kenya
    • Rwanda
    • Tanzania
    • South Sudan
    • DR Congo
    • Ethiopia
    • Sudan
  • Technology
  • Special Reports
    • Kabaka Mutebi’s 25th Coronation Series
    • Focus on Somalia
    • Sino-Africa
    • Uganda at 56
    • Anti-Corruption Fight
    • Age Limit Map
    • Tuve Ku Kaveera
  • Sports
    • Place-It
    • StarTimes Uganda Premier League
    • Bundesliga
    • World Cup
  • Jobs
No Result
View All Result
Logo
No Result
View All Result
Home East Africa

Raila election boycott: What next for Kenya?

Amon Katungulu by Amon Katungulu
October 11, 2017
in East Africa, Kenya
Reading Time: 3 mins read
0
Raila election boycott: What next for Kenya?

Opposition leader and NASA presidential flag bearer, Raila Amolo Odinga announced today that he will not participate in the repeat of the October 26 elections.

Odinga, declared that the courts will not force him to participate in an election against his free will, following a petition to have him forced to rescind his boycott threat prior.

ADVERTISEMENT

He had earlier insisted that he would only go for a rematch with President Kenyatta if the Independent Electoral and Boundaries Commission provides a level playing field.

The move came as Kenya was debating proposals to the amendment of the electoral laws.

ADVERTISEMENT

Hours after Raila’s announcement, the IEBC convened a meeting to map out a way forward.

In a post on its Twitter account on Tuesday evening, the IEBC stated that the commissioners and the legal team are meeting to deliberate on the move.

“Following the withdrawal of the NASA presidential candidate, the Commission and the legal team are meeting and will communicate way forward,” the post read.

But what does Raila’s boycott of the re-election mean?

Legal experts are divided about the implication of Raila’s withdraw from the polls.

Some said the decision had plunged Kenya into a constitutional crisis and could require Parliament to convene and enact amendments to the electoral laws.

Others said Raila will have to rely on paragraph 290 and 291 of the Raila vs IEBC 2013 decision to demand a fresh election and suspension of the October 26 elections.

The Supreme Court in the Presidential Election Petition, Raila Odinga 2013, held that if either of the two candidates abandons the Fresh Election, then a general election will ensue, starting with nominations.

Yet some say the current position, according to the law, is as follows.

As part of the 2016 bi-partisan electoral reforms ( Kiraitu-Orengo Committee) , Parliament enacted two provisions of law to deal with this exact scenario.

Section 55 (b) deals with consequences of elections being postponed in some wards, constituencies and counties.

It allows IEBC to declare final results without those areas if their results don’t alter final declaration. This is the section in full:

(1)The Commission may, where a date has been appointed for holding an election, postpone the election in a constituency, county or ward for such period as it may consider necessary where —

(a)there is reason to believe that a serious breach of peace is likely to occur if the election is held on that date;

(b)it is impossible to conduct the elections as a result of a natural disaster or other emergencies,

(c)that there has been occurrence of an electoral malpractice of such a nature and gravity as to make it impossible for an election to proceed.

(2) Where an election is postponed under subsection (1), the election shall be held at the earliest practicable time.

(3)Notwithstanding the provisions of this section, the Commission, if satisfied that the result of the elections, will not be affected by voting in the area in respect of which substituted dates have been appointed, direct that a return of the elections be made.”

The other new provisions, which modify the 2013 ruling, are regulations 52 and 53 of the Elections ( General) Regulations, again passed in April 2017 by parliament with the full participation of NASA .

They allow the  remaining candidate to be declared winner if one of two candidates withdraws

So some say there is accepted  precedent for declaring Uhuru Kenyatta and William Ruto the duly elected president and deputy president respectively even if Raila pulls out.

Provision 52 notes: “Where there are only two nominated candidates and one candidate withdraws, the remaining candidate shall be declared duly elected in accordance with regulation 53.”

Whatever the Kenyan electoral laws say, it is clear that the IEBC and the country shall have to do some soul searching as it tries to find a solution to this legal quagmire.

The next few days shall give us a clear picture as to how Kenya intends to resolve this unprecedented situation.

 

 

 

Tags: iebcRaila Odingauhuru kenyatta
Share108TweetSend
Previous Post

Raila Odinga quits repeat of Presidential elections

Next Post

We have no time for empty politics- Kenyatta tells Raila

Amon Katungulu

Amon Katungulu

Related Posts

Uganda ‘overwhelmed’ with new DRC refugee influx

Uganda ‘overwhelmed’ with new DRC refugee influx

by NP admin
May 25, 2022
0

A Ugandan official says a new influx of refugees from the Democratic Republic of Congo is stretching the country's resources...

Somersaulting MP does a handstand in parliament to protest bad roads

Somersaulting MP does a handstand in parliament to protest bad roads

by NP admin
May 25, 2022
0

A Tanzanian MP angered by poor conditions of roads in his constituency has done a handstand in parliament to draw...

M23 rebels accept to withdraw from captured positions to allow for negotiations

Rwanda says territory shelled by Congo, requests probe

by NP admin
May 24, 2022
0

Rwanda said on Monday that it had requested a regional body to investigate shelling of its territory by the military...

Miss Rwanda contest suspended amid rape claims

Miss Rwanda contest suspended amid rape claims

by NP admin
May 10, 2022
0

The Rwandan government has suspended the Miss Rwanda beauty pageant following last month’s arrest of its organiser. It follows investigations...

Next Post
We have no time for empty politics- Kenyatta tells Raila

We have no time for empty politics- Kenyatta tells Raila

  • Trending
  • Comments
  • Latest
Bitature to MUBS students: “I smuggled sugar at 14 and built my business empire”

Bitature to MUBS students: “I smuggled sugar at 14 and built my business empire”

May 25, 2022
Museveni heads to Omoro while carrying his own bags;  to meet Jacob Oulanyah’s father

Museveni heads to Omoro while carrying his own bags; to meet Jacob Oulanyah’s father

May 24, 2022
Ssuuna Ben: The story of a villager who has become the toast of Kampala city

Ssuuna Ben: The story of a villager who has become the toast of Kampala city

May 23, 2022
How Besigye beat tight police security at his home to surface in city centre

How Besigye beat tight police security at his home to surface in city centre

2
It is a crime against humanity to vaccinate children without consent of parents, say health experts

It is a crime against humanity to vaccinate children without consent of parents, say health experts

1
If he doesn’t moan, make him a one-night stand!

If he doesn’t moan, make him a one-night stand!

1
Uganda not yet blacklisted over financial crimes, says FIA

Uganda not yet blacklisted over financial crimes, says FIA

May 28, 2022
Cellulant recognised for excellence in delivering embedded fintech solutions in Africa

Cellulant recognised for excellence in delivering embedded fintech solutions in Africa

May 28, 2022
Ugandan Family Physician dies in chaotic hit and run accident in Nakawa as she reports for duty

Ugandan Family Physician dies in chaotic hit and run accident in Nakawa as she reports for duty

May 28, 2022
  • About
  • Advertise
  • Privacy & Policy
  • Careers
Call us: +256-417-720-101
Email: [email protected]

© 2020 Nile Post Uganda Ltd. - A Next Media Services Company.

No Result
View All Result
  • News
    • Business
    • 2021 Elections Watch
      • The Election Podcast
    • Exclusive
    • Investigations
  • Politics
  • Education
  • Security
    • Cyber Security
  • Health
    • Coronavirus outbreak
  • Opinions
    • Columns
      • Parting Shot
      • Two Sides of a Coin
      • Bazanye’s Quick Shots
      • Mable Twegumye Zake’s #BitsOfMe&You
      • But this Year!
      • What Did I Miss?
  • Lifestyle
    • Hatmahz Kitchen
    • Food Hub
    • Let’s Talk About Sex
    • Entertainment
    • Tour & Travel
    • Love Therapist
    • Homes
  • Global
    • Africa
    • Asia
    • Middle East
    • Europe
    • The Americas
  • East Africa
    • Kenya
    • Rwanda
    • Tanzania
    • South Sudan
    • DR Congo
    • Ethiopia
    • Sudan
  • Technology
  • Special Reports
    • Kabaka Mutebi’s 25th Coronation Series
    • Focus on Somalia
    • Sino-Africa
    • Uganda at 56
    • Anti-Corruption Fight
    • Age Limit Map
    • Tuve Ku Kaveera
  • Sports
    • Place-It
    • StarTimes Uganda Premier League
    • Bundesliga
    • World Cup
  • Jobs

© 2020 Nile Post Uganda Ltd. - A Next Media Services Company.