Listening to submission of SC Fred Ngatia , he agrees that NASA candidates withdrew from presidential contest. He goes ahead and cites an authority from India which defines what it means to withdraw.
Now he has set up IEBC, IEBC maintains that Raila Didn’t withdraw from one of their written submissions because he did not fill a certain form 24A.
Interestingly, Judges seem to agree with SC Fred Ngatia that actually Raila withdrew from the contest and that is why they Ruled that the entire team of NASA with their submissions be expunged from Court.
This puts IEBC on the path of one irregularity, Why did they include the name of Raila in the ballot if he had withdrawn?
Interestingly, Justices Njoki, Smoking and Ojwang were part of the bench that categorically thought that if a candidate withdrew from a repeat of Fresh election, then a fresh election with fresh nominations ought to be carried out.
The same Judges were behind the thought that if an election is nullified, the petitioner and the president elect should be the ones to go for a repeat poll.
If the three judges stick to their 2013 obita dictum then the October 26th election stands nullified and void.
JUBILEE VS IEBC CONFUSION!
“Mr. Odinga withdrew from the repeat poll, he was therefore not obliged to sign the statutory form 24A in order to abandon the race. He should not be party to the matter before the Supreme Court because he didn’t take part in the poll.His lead lawyers, Orengo, Otiende, Mwangi, Pheroze, Mutaha and Okong’o should be barred from making submissions and memos between the commission and the secretariat of the IEBC should be expunged from the evidence files.” ~Uhuru’s Lawyer Fred Ngatia
“Mr Odinga did not withdraw from the race, Mr Odinga’s failure to sign statutory form 24A meant that his name must be retained on the ballot. He was a participant in this Election!”
~IEBC’s lead lawyer, Mr. Gatonye