MP Petitions Court to Declare Raila's Withdrawal from Presidential Race Invalid

Kiambu Town Constituency Member of Parliament Jude Njomo has filed a petition at the court seeking to have the withdrawal of National Super Alliance (NASA) leader from the Presidential race declared invalid, null and void.

In a petition lodged through his lawyer Kibe Mungai, Njomo argues that the withdrawal by Raila from the presidential race should have been backed by a statutory Form 24A, and therefore, the withdrawal should be declared non-binding.

Filed under certificate of urgency, the petition further seeks to have the high court bar Independent Electoral and Boundaries Commission (IEBC) from postponing next Thursday's election.

“During a fresh presidential election triggered by Article 140(3) of the Constitution the withdrawal of a candidate does not enjoin the Independent Elections and Boundaries Commission to cancel the same in order to hold a new election pursuant to Article 138(8) of the Constitution,” the petitioner pleads.

Further, Njomo wants the court to declare an opinion captured in paragraph 290 of the 2013 Supreme Court ruling unconstitutional.

“Suppose, however, that the candidates, or a candidate who took part in the original election, dies or abandons the electoral quest before the scheduled date: then the provisions of Article 138(8)(b) would become applicable, with fresh nominations ensuing,” the contested paragraph of Raila Odinga & five others v IEBC & three others (2013) reads.

The petitioner pleads that “a declaration is issued to declare that the Supreme Court obiter dicta (not establishing precedent) reasoning in paragraph 290 of the Raila Odinga (2013) case is not binding.”

Njomo presents that paragraph 290 of the 2013 Supreme Court ruling is not in line with Articles 2(4) and 138(8)(b) of the Constitution.

He also submits that the inclusion of the term “abandons” in the 2013 Supreme Court ruling was erroneous.

Since announcing he had pulled out of the race, Raila has maintained there will be no election and has called for fresh nominations and an fresh election.

However, President Uhuru Kenyatta and the Jubilee Party have insisted the election must proceed as ordered by the Supreme Court and have been aggressively campaigning across the country.