Azimio-affiliated Lawyer Explains What Must Happen For Supreme Court To Order IEBC To Give Raila Certificate
Azimio-affiliated Lawyer Explains What Must Happen For Supreme Court To Order IEBC To Give Raila Certificate
Azimio-affiliated Lawyer Explains What Must Happen For Supreme Court To Order IEBC To Give Raila Certificate
With a majority of Kenyans being uncertain on what will be the outcome of a Presidential petition challenging President-elect William Ruto’s win, should it be filed by the Azimio-OKA coalition, an Azimio allied lawyer has explained conditions that must be fulfilled for Raila to be declared President-elect out of that court process.
Lawyer Wahome Thuku who doubles as an Azimio blogger has explained that basically, the Supreme Court can only direct or order IEBC Chairman Wafula Chebukati to hand Raila a certificate of election, or rather Form 34D upon recount of the votes casted and Raila emerging as the apparent winner and being found not to have committed an election offence.
He took to his Facebook page to explain to his followers that “according to Section 80(4) of the Elections Act,
An election court may by order/direct the Independent Electoral and Boundaries Commission (IEBC) to issue a certificate of election to a President, a Member of Parliament or a Member of a County Assembly if—
(a) upon recount of the ballots cast, the winner is apparent; and (b) that winner is found not to have committed an election offense.”
He went ahead to write that “let me put it plainly that the Supreme Court may by order or direct the IEBC to issue a certificate of election to Raila Odinga if upon recount of the ballots cast, Raila is found to be the apparent winner, and as the apparent winner, he’s found not to have committed an election offence.”
