A political analyst, Nick Ilondu, has suggested that the Orange Democratic Movement (ODM) may be attempting to delay the August 8 election or prepare grounds for a petition to invalidate the poll.
According to the Constitution, the election must be held on the second Tuesday of August every fifth year. Failure to hold the election at the appointed time could plunge the country into a constitutional crisis.
Ilondu points to recent court decisions as evidence of ODM's legal strategy. For instance, High Court Judge George Odunga ruled on February 13, 2017, that the tender for the supply and delivery of ballot papers for elections, election result declaration forms, and poll registers awarded to Al Ghurair Print and Publishing Company Limited of Dubai was invalid.
This decision left the Independent Electoral and Boundaries Commission (IEBC) with only 175 days to restart and finalize the tender process, potentially hindering its ability to plan the election and conduct a competitive tender process.
Furthermore, Justice Odunga's decision also invalidated any actions or decisions made by the IEBC secretariat after the positions of the former chairperson and members of the commission had been declared vacant and the recruitment process for new commissioners had begun.
This had the effect of canceling the tender for the procurement of the Kenya Integrated Elections Management System. Another critical issue is the timing of the second round of mass voter registration, which commenced on January 15, five days before the new commissioners were sworn in.
This decision, made in the absence of commissioners, could lead to the invalidation of registrations during that phase. Should this occur, a new round of mass voter registration might be necessary, potentially altering the electoral timeline and causing a delay in the August 8 elections.
The recovered account cited reporting by Mediamax.