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12 October 2017, 12:14 | Erica Roy
Anti IEBC demos along Nkrumah Road in Mombasa
His ruling means President Uhuru Kenyatta may still have a challenger on October 26, when the re-run is scheduled despite the withdrawal of top opposition candidate on Raila Odinga over allegations of bias.
Even so, it remained unclear whether, once Odinga's withdrawal from the race is finalised, that would force the October 26 re-run to be scrapped or whether it would simply go ahead without him.
Then on Tuesday, Kenyatta's main challenger Odinga plunged the country into uncharted waters by saying he was pulling out, accusing the election commission (IEBC) of failing to deliver vital reforms.
"It is the commission's position that the candidates for the fresh presidential election scheduled for October 26, 2017 shall include all the eight candidates who participated in the 8th August presidential election", part of the statement read. "The Raila shocker, which could push the repeat election to March 2018, threw Kenyan politics into uncertainty", reported the daily.
He reportedly based his argument on the 2013 Supreme Court decision that held that if one candidate withdraws from a fresh election triggered by an invalidated petition, fresh elections had to be held with other candidates.
In Nairobi on Wednesday, Odinga said election officials stalled on actions, "creating an illusion of motion without movement".
Odinga said the vote can't be free and fair because of the country's current circumstances.
IEBC says that Odinga was yet to submit a dully filled statutory Form 24A that a candidate is required to fill for him to withdraw from the presidential race. The Supreme Court had ordered for a rerun between Raila Odinga and Uhuru Kenyatta.
The high court allowed the name of a minor candidate, Ekuru Aukot of the Thirdway Alliance Party, to join incumbent President Uhuru Kenyatta on the ballot to ensure a credible election occurs.
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