I have seen the argument that Rule 52 of Elections (General) Regulations, 2012 is not applicable post-nomination and that Uhuru should be declared president under Rule 53 of the Regulations and respectably disagree with those two argument as follows;
It is Part IV (Regulations 16-21) of the Regulations that deals with nomination of presidential candidates DURING and UNTIL close of those nominations.
Specifically, Regulation 21 titled ‘Declaration of no contest: Presidential election’ provides as follows; “If at the close of nominations for a presidential election, only one candidate is validly nominated, the Commission shall publish a notice in the Gazette showing the name of the candidate so nominated and stating that the presidential election shall not be held, and the Commission shall declare the candidate elected as President in Form 14”
On the other hand, Regulation 52 & 53 deals with post nomination! Regulation 52 is titled WITHDRAWAL OF CANDIDATURE AFTER NOMINATION. So, it is intended to deal with CANDIDATURE not NOMINATION of an already validly NOMINATED Candidate. It caps the withdrawal of candidature to 3 DAYS post nomination effectively rendering any late withdrawal legally inconsequential.
However, it is ONLY a notice that has been issued WITHIN the 3 DAYS window that is legally effective to invoke Regulation 53 on declaration of a ‘No Contest’ thereby declaring the remaining candidate as validly elected. Any notice issued post the 3 days is rendered legally ineffective thus inconsequential and IEBC MUST proceed like there’s no such notice in the first place, in its preparation and conduct of presidential election as ordered by the Supreme Court.
PS. This is purely a legal opinion. There’s political consequences of the same that hasn’t been addressed here!
There is a difference protests were supported countrywide there, here that's not the case. What people are afraid to say is that people running around destroying property are Luos. I presume they imagine the country owes them something. Truth is it doesn't. Nobody owes anyone anything. The cars they stonned, are probably on loan. Now the owners have to work out how to repair them. Unnecessary costs because of jealousy and vindictiveness. In this world everyone has to work and struggle to survive. Nothing comes on a silver platter.