Fresh details have emerged on an alleged trick used by NASA
leader Raila Odinga when he announced his official withdrawal from the repeat
Presidential election slotted for October 26.
Celebrated Political analyst Mutahi Ngunyi, however, states
that the statement from Odinga was a political act that did not have any legal
meaning.
Ngunyi stated that an official withdrawal would have
required the NASA leader to sign form 24A which was not done.
“Raila did not withdraw. It was a sick joke. He did not sign form 24A. Had to wait for Aukot ruling before signing 24A. Raila is in the race!,” Ngunyi tweeted.
According to the Elections Act, a candidate who seeks to
withdraw after the nominations have taken place would be required to sign a
certain prescribed form 24 A.
“A candidate who has been nominated may withdraw his or her
candidature by delivering to the respective returning officer a notice to that
effect in Form 24A not later than three days after nomination,” rule 52 (1)of
the Election Regulations amended in 2017 stated.
In his press conference, Odinga stated that he had signed by
way of a letter to IEBC Chairman Wafula Chebukati, who is also the returning
officer in the presidential elections.
It is not clear if the provisions would apply in the
scenario of a repeat election where there were no nominations, but if that was
to be the case, the withdrawal will be a nullity and hence elections to be
carried out on 26th October.
Ngunyi’s observation came at the same time that High
Court judge John Mativo ruled that Ekuru Aukot be allowed to participate
in the repeat election.
