Raila dilemma explained

Odinga was between a rock and a hard place: the political crisis was not achieving its desired ends and only a constitutional crisis could stop Jubilee. Such a crisis could only come about in two ways.

One, by pushing for a new IEBC. With a temporary incumbent president, no appointments could be made. If the IEBC yielded to pressure and resigned we would find ourselves in a quagmire; no IEBC, no elections.

As this did not work, Raila decided to risk it all and activated the second mechanism, the withdrawal. By withdrawing from the contest and citing paragraph 290 of the Supreme Court 2013 decision, he hoped fresh nominations would ensue.

It seems to me that Raila miscalculated his move on two accounts. First, by announcing his withdrawal he had hoped the IEBC would be obliged to call for fresh nominations.

As Justice Mativo explained, paragraph 290 of the 2013 decision, has to be considered in a context and as a “by the way” (orbiter dictum) clarification that lacks the strength of binding authority.


Second, if we insist that paragraph 290 of the 2013 decision should still apply, then the withdrawal should be done in accordance with the election rules.

Just imagine what would happen if the withdrawal could be done at any time and this would call for fresh nominations? Then, any candidate upon facing imminent loss could withdraw, even a day before the elections.

Would fresh nominations ensue because a candidate withdrew even with a day to elections? This would be a terrible weapon to frustrate any election and mess up any opponent. This makes no sense; more so in a “winner takes it all” system.

There are procedures established by the election regulations. Suppose that we agreed with the Court’s view that a withdrawal calls for fresh nominations, then this withdrawal must be effected procedurally.

The procedure is laid out by the election regulations, which requires that formal withdrawal should be presented within three days of the nominations having being gazetted.

After the gazette notice was published on September 5, Raila Odinga had three days to withdraw, which would have caused a major crisis because IEBC would have been required to call for fresh nominations. But this did not happen.

Justice Mativo has ordered a fresh Gazette notice or amendment of the Gazette notice of September 5 to include Aukot’s name in the fresh election scheduled for “September 26” (he meant October 26).


Could Raila make use of this new Gazette notice to withdraw? It seems not, for the judge directed the change with the very specific aim of including Aukot. IEBC has gone a step further to include all other candidates.

This means that, like it or not, Raila’s withdrawal is a de facto boycott just like the one Winston Tubman played in the 2011 Liberian run-off election. The election proceeded, however, and Ellen Johnson Sirleaf was declared the winner with a whopping 90 per cent of the vote.

Really, the big winner in Raila’s de facto boycott is Dr Ekuru Aukot, whose fame will shoot up as the likely runner-up in Uhuru’s re-election. Whatever the case, Raila Odinga’s name will still be on the ballot.

We are in a political crisis. We need politicians ready to dialogue, with magnanimity, thinking big for the country, and humility, thinking small for themselves.

In this piece, I have tried to explain the legal implications of an intricate political situation. I hope this explanation helps our leaders to sober their stand and think of the country, no matter on which side of the divide they stand. Their short-term gain will be our long-term pain.

Dr Franceschi is the dean of Strathmore Law School. [email protected]; Twitter: @lgfranceschi


Maraga by now knows he was used and regrets the decision he made.


Hii nayo inaitwa coriander ama corrigenda?
I am learning new things every day.

Still waiting for some info pare hinmbox.


Poor Maraga…sob sob hn hn…

Not so fast fellas…an appeal has been filed at the Court of Appeal against Ekuru Aukot…

wacha chinkororo iwapate hapa

RAT still has a last chance - he can simply kidnap or do a Msando to one of these fake running mates and voila!..the 26th elections will be called off!

A son asked his father, “Dad, what is politics ?”

Then Dad said
" - Look, I bring the money home, therefore I am the Capitalist

  • Your mother administrates the money, therefore she is the Government
  • Grandpa watches everything, therefore he is the Union
  • Our maid is the Working Class
  • We all want just one thing, your well-being.
    Therefore you are the People. And your smaller brother who is still in his nappy, is the Future!
    Did you understand that my son?"

The little one thinks, and tells his father he wanted to sleep it over for one night.

During the night the boy wakes up, because his younger brother produces something with an unbearable smell from his nappy and is crying. As he doesn‘t know what to do, he goes into the
bedroom of his parents.

But there is only his mother in her bed, and she is so fast asleep that he does not succeed in waking her up. So he goes into the bedroom of the maid where he finds his father having fun with her, and grandpa watching them secretly through the window!!!All of them are so engaged that they don’t realize that the boy is standing in front of them.

So the boy decides to go to bed again without having been able to solve the problem.

Next morning the father asks his son if he is able to explain with a few words what politics is.

“Yes” answers the son.

"- The Capitalist abuses the Working Class,

  • The Union watches without doing anything,
  • While the Government sleeps,
  • The People are completely ignored,
  • And the Future is in shit."

That’s politics!

Who made you a mad genius? Good one.

Mungiki,the rule of thumb here “Always acknowledge source”

Nairobi business community sio mungiki.

I already answered you alter ego(your other shitty handle)

I have deleted my comment. I thought it was meant for me because you did not quote what you were referring to. By the way, having more than one handle can be too much for me

Our politicians are, in every way, just like prostitutes. A prostitute will sleep with anyone if the price is right. A prostitute will do anything to survive. It doesn’t matter if the client is a priest, a murderer or their relative. For politicians, survival in power is more important than everything else and no compromise is too difficult for them.

He went along with RATs game thinking it would be smooth all the way in…he never reckoned the Dynamic Duo could outthink and out manoeuvre them.


These guys are bad news. Esp when it comes to abuses to do with mothers and ones “sehemu nyeti”

I can imagine